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HomeMy WebLinkAbout5-20-2025 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Due to updates to City Council venue, digital presentations or videos will no longer be displayed at City Council meetings as part of public comment. To present images or materials to the City Council, please bring nine paper copies to the City Council meeting. Paper copies will be distributed to City Council Members at the meeting and will be made part of the public record. Please be advised that the rules concerning decorum, including the prohibition on members of the audience and speakers wearing or displaying signs or materials that obstruct the view of other audience members, remain in effect at the Library location. Signs shall remain with the holder and shall not be placed in the adjacent seats or in common areas. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. SUPPLEMENTAL COMMUNICATION: Members of the public interested in commenting on agenda-related items may submit a written (supplemental) communication to the City Council via email at SupplementalComm@SurfCity-hb.org. Supplemental Communications are considered public record. Communications received by 5:00 PM Monday prior to the City Council meeting will be distributed to the City Council, posted to the City website, and announced at the City Council meeting, though not read. Please note that Supplemental Communications can only be submitted to SupplementalComm@SurfCity-HB.org. Communications received Monday after the 5:00 PM deadline will only be included in the administrative record. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. AGENDA City Council/Public Financing Authority Tuesday, May 20, 2025 5:00 PM - Closed Session 6:00 PM - Regular Meeting Central Library - Lower Level Theater 7111 Talbert Avenue Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem ANDREW GRUEL, Councilman DON KENNEDY, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, City Manager MIKE VIGLIOTTA, City Attorney LISA LANE BARNES, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA May 20, 2025City Council/Public Financing Authority 5:00 PM - CENTRAL LIBRARY LOWER LEVEL THEATER CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams Pursuant to Resolution No. 2001-54, Mayor Pro Tem McKeon has requested permission to be absent from this meeting. Pursuant to City Charter Section 310 (a), City Clerk Lisa Lane Barnes has requested permission to be absent from this meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Closed Session agenda. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 25-3991.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-4002.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Page 1 of 9 2 AGENDA May 20, 2025City Council/Public Financing Authority Employees’ Association (SCLEA). 25-4083.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025-01470582. 25-4104.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Huntington Beach for Responsible Growth/Brian Thienes v. City of Huntington Beach, et al.; Case No.: 30-2024-01439594. 6:00 PM –CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams Pursuant to Resolution No. 2001-54, Mayor Pro Tem McKeon has requested permission to be absent from this meeting. Pursuant to City Charter Section 310 (a), City Clerk Lisa Lane Barnes has requested permission to be absent from this meeting. INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 25-3715.Huntington Beach Fire and Police Chaplain Roger Wing PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) Page 2 of 9 3 AGENDA May 20, 2025City Council/Public Financing Authority At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 25-1716.Department Services and Budget Overview 25-4067.Fiscal Year 2025-26 Proposed Budget Review A) City Council receive and discuss the Proposed Budget for Fiscal Year 2025-26; and B) Set the date for adoption of the City budget as June 3, 2025. A meeting date of June 17, 2025, is set as an alternative should the City Council require additional deliberation to Recommended Action: Page 3 of 9 4 AGENDA May 20, 2025City Council/Public Financing Authority approve the budget. CITY TREASURER'S REPORT 25-3348.Receive and File the City Treasurer’s Quarterly Investment Report for March 2025 Receive and File the City Treasurer’s Quarterly Investment Report for March 2025, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: CONSENT CALENDAR (Items 9 - 20) City Clerk 25-1769.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 6, 2025. Recommended Action: Community and Library Services 25-35710.Approve one appointment and four reappointments to the Historic Resources Board, with terms to expire June 30, 2029, as recommended by City Council Liaisons, Butch Twining and Andrew Gruel A) Approve the appointment of Jayme Makis to the Historic Resources Board, effective July 1, 2025, through June 30, 2027, as recommended by City Council Liaisons Butch Twining and Andrew Gruel; and B) Approve the reappointments of Amory Hanson, Alan Ray, Duane Wentworth, and Mark Zambrano to the Historic Resources Board, effective July 1, 2025, through June 30, 2029, as recommended by City Council Liaisons Butch Twining and Andrew Gruel. Recommended Action: 25-36211.Receive and file termination notice of the City’s Memorandum of Understanding (MOU) with the Huntington Beach Central Park Conservancy, Inc. Accept request received by the Huntington Beach Central Park Conservancy, Inc. to terminate their Memorandum of Understanding with the City of Huntington Beach effective upon the dissolution of the Conservancy . Recommended Action: Page 4 of 9 5 AGENDA May 20, 2025City Council/Public Financing Authority 25-38512.Approve and authorize execution of a Memorandum of Understanding (MOU) with Premier Girls Fastpitch, Inc. for the use of Huntington Beach Facilities Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding Between the City of Huntington Beach and Premier Girls Fastpitch, Inc for the Use of Huntington Beach Facilities.” Recommended Action: Community Development 25-36113.Approve and Authorize Execution of Amendment No. 3 to the Attachment Agreement with Southern California Gas Company for Installation of Advanced Meter Facilities on City-Owned Streetlights Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 3 to Attachment Agreement Between the City of Huntington Beach and Southern California Gas Company.” Recommended Action: 25-37314.Approve and Authorize the Execution of a License Agreement with EVA Coffee Project LLC (DBA IYKYK! Coffee Lab) for Temporary Use of City Property at 101 Walnut Avenue Approve and authorize the Mayor and City Clerk to execute the “License Agreement by and Between the City of Huntington Beach and EVA Coffee Project LLC. (DBA IYKYK! Coffee Lab) for Temporary Use of City Property at 101 Walnut Avenue.” Recommended Action: Public Works 25-32115.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Comet Electric, Inc. in the amount of $254,266, for the construction of a traffic signal on Gothard Street at Murdy Fire Station (CC-1672) and execution of change orders A) Accept the lowest responsive and responsible bid submitted by Comet Electric, Inc., in the amount of $254,266; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve change orders not to exceed a total Recommended Action: Page 5 of 9 6 AGENDA May 20, 2025City Council/Public Financing Authority of 10% of the contract construction costs. 25-35816.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Power Engineering Construction Company in the amount of $353,068 for the Bolsa Avenue Bridge Maintenance Project, CC-1745; approve supplemental construction costs; and authorize 15% in contingency funds A) Accept the lowest and responsible bid submitted by Power Engineering Construction Company in the amount of $353,068; B) Authorize the Director of Public Works to approve change orders up to 15% contingency in potential construction change orders; and , C) Authorize the Mayor and City Clerk to execute a construction contract with Power Engineering Construction Company in a form approved by the City Attorney. Recommended Action: 25-38217.Approve and authorize execution of a Right-of-Way Contract with the Orange County Transportation Authority and a Joint Use Agreement with Southern California Edison to facilitate the relocation of electrical facilities related to the I-405 Improvement Project A) Approve and authorize the Mayor and City Clerk to execute a Right-of-Way Contract with Orange County Transportation Authority; and , B) Approve and authorize the Mayor and City Clerk to execute a Joint Use Agreement with Southern California Edison . Recommended Action: 25-38418.Approve and authorize execution of Professional Services Contracts for On-Call Development Review Engineering and Professional Consulting Services with Ardurra Group, Willdan Engineering, DMc Engineering, Engineering Resources of Southern California, CSG Consultants, and HR Green Pacific A) Approve and authorize the Mayor and City Clerk to execute , “Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development Review Engineering and Professional Consulting Services;” B) Approve and authorize the Mayor and City Clerk to execute , “Professional Services Contract between the City of Huntington Beach and Willdan Engineering for On-Call Development Review Engineering and Professional Consulting Services;” Recommended Action: Page 6 of 9 7 AGENDA May 20, 2025City Council/Public Financing Authority C) Approve and authorize the Mayor and City Clerk to execute , “Professional Services Contract between the City of Huntington Beach and DMc Engineering, for On-Call Development Review Engineering and Professional Consulting Services;” D) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc., for On-Call Development Review Engineering and Professional Consulting Services;” E) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc., for On-Call Development Review Engineering and Professional Consulting Services;” and, F) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and HR Green Pacific, Inc., for On-Call Development Review Engineering and Professional Consulting Services .” 25-38619.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Servitek Electrical & Data, Inc., in the amount of $950,702.50, for the construction of the Edinger Avenue and Heil Avenue Traffic Signal Improvement project (CC-1746) and authorize an appropriation in the amount of $389,268.00 from the Traffic Impact fund A) Accept the lowest responsive and responsible bid submitted by Servitek Electric, Inc., in the amount of $950,702.50; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and , C) Authorize the appropriation of Traffic Impact Funds (TIF) in the amount of $389,268.00 to 20690021.82700. Recommended Action: 25-34820.Adopt Resolution No. 2025-38 Identifying a list of projects funded by SB 1: The Road Repair and Accountability Act of 2017 in Fiscal Year 2025/26 Adopt Resolution No. 2025-38, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2025/26 Funded by SB 1: The Road Repair and Accountability Act of 2017.” Recommended Action: ADMINISTRATIVE ITEMS Page 7 of 9 8 AGENDA May 20, 2025City Council/Public Financing Authority 25-41421.Introduction of the Proposed Memorandum of Understanding with Management Employees’ Organization (MEO) Receive and consider the proposed Memorandum of Understanding between the City of Huntington Beach and the Management Employees’ Organization for the period of January 1, 2025, to December 31, 2027, pursuant to City of Huntington Beach Ordinance No. 4154. Recommended Action: 25-41522.Introduction of the Proposed Memorandum of Understanding with Huntington Beach Municipal Teamsters (HBMT) Receive and consider the proposed Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Municipal Teamsters (HBMT) for the period of January 1, 2025, to December 31, 2027, pursuant to City of Huntington Beach Ordinance No. 4154 . Recommended Action: 25-41623.Introduction of Resolution No. 2025-41 Modifying Salary and Benefits for Non-Represented Employees Receive and consider the proposed Resolution No. 2025-41 “A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees.” Recommended Action: COUNCIL MEMBER ITEMS 25-41224.Item Submitted by Councilman Chad Williams, Mayor Pat Burns, and Councilman Don Kennedy - Ocean View School District Board Direct the City Attorney’s Office to review the actions taken by the Ocean View School District Board as they relate to Measures A and B and, if warranted, work with the Mayor to file a complaint with the appropriate agency. Recommended Action: CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, June 3, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT Page 8 of 9 9 AGENDA May 20, 2025City Council/Public Financing Authority http://www.huntingtonbeachca.gov Page 9 of 9 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-399 MEETING DATE:5/20/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-400 MEETING DATE:5/20/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-408 MEETING DATE:5/20/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025- 01470582. City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-410 MEETING DATE:5/20/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Huntington Beach for Responsible Growth/Brian Thienes v. City of Huntington Beach, et al.; Case No.: 30-2024-01439594. City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-371 MEETING DATE:5/20/2025 Huntington Beach Fire and Police Chaplain Roger Wing City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-171 MEETING DATE:5/20/2025 Subject: Department Services and Budget Overview City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-406 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Robert Torrez, Interim Chief Financial Officer Subject: Fiscal Year 2025-26 Proposed Budget Review Statement of Issue: The City Charter requires the City Manager to submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year. The Proposed Budget for Fiscal Year 2025-26 is presented for City Council consideration. Financial Impact: A proactive Budget Balancing Plan was implemented as part of the Fiscal Year 2025-2026 Proposed Budget to address an anticipated budget deficit. The Budget Balancing Plan identified additional offsetting revenues and expenditure reductions that will be discussed. The FY 2025-2026 Proposed Budget is structurally balanced. The proposed Citywide expenditure budget for all funds is projected at $588.9M, subject to change prior to May 20. The General Fund proposed expenditure budget totals $297.5M. Expenditures for all funds and departments are offset by a combination of expenditure reductions, revenues, one-time transfers, and prudent use of reserves. Recommended Action: A) City Council receive and discuss the Proposed Budget for Fiscal Year 2025-26; and B) Set the date for adoption of the City budget as June 3, 2025. A meeting date of June 17, 2025, is set as an alternative should the City Council require additional deliberation to approve the budget. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Adoption of the City Budget is the most important decision that the City Council is required to make each year. The City Budget establishes funding for every City program and service. It is the roadmap City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 17 File #:25-406 MEETING DATE:5/20/2025 that guides the City for the upcoming fiscal year. Staff is presenting an overview of the proposed Citywide budget. Since the General Fund provides for all traditional City services, such as public safety, public works, parks, recreation and other vital services, it will be the primary focus of staff’s presentation. The City Council and the public have received updates on the City budget at various times during the current fiscal year. Staff have discussed with the City Council that, based on year-to-date and forecasted expenditures and revenues, a deficit of approximately $8.8M is anticipated for Fiscal Year 2025-26. The presentation will provide an overview of the strategies employed in developing a balanced budget for Fiscal Year 2025-26; discuss the significant impacts of the City’s Unfunded Accrued Liability with CalPERS; provide an update on the forecast of City revenues and expenditures over the next ten years; and, also discuss options for Council consideration in addressing future potential deficits. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-334 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Alisa Backstrom, City Treasurer VIA:Alisa Backstrom, City Treasurer PREPARED BY:Jennifer McCann, Senior Administrative Assistant Subject: Receive and File the City Treasurer’s Quarterly Investment Report for March 2025 Statement of Issue: Receive and File the City Treasurer’s Quarterly Investment Report for March 2025, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable. Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for March 2025, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Do not receive and file, and direct staff accordingly. Analysis: Not Applicable. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 19 File #:25-334 MEETING DATE:5/20/2025 Attachment(s): 1. Treasurer’s Quarterly Investment Report for March 2025 2. PowerPoint Presentation Treasurer’s Quarterly Investment Report for March 2025 City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 20 1 City of Huntington Beach Quarterly Investment Report March 2025 Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM City Treasurer Colin Stevens, MPP Treasury Manager 21 a l--8 IIU NTINC TDN OCACII 2 INVESTMENT PORTFOLIO SUMMARY As of March 31, 2025 Currently, funds within this portfolio with overnight availability are invested in the California Asset Management Program “CAMP” and a money market fund. The CAMP account is considered a “Local Government Investment Pool” or “LGIP” for reporting purposes above. Other funds are invested in U.S. Treasuries, Supranationals (International Bank of Reconstruction and Development “IBRD”, Inter - American Development Bank “IADB”), U.S. Agencies, and corporate bonds. Only the investment types allowed under California Government code Section 53601 and the City’s Investment Policy Statement are utilized. As interest rates have been rising and have largely remained at elevated levels in the last few years, the market value of securities previously purchased at lower than the current market rates, is just slightly below the book value, at $415.6 million versus $417.1, respectively. As investments are primarily held to maturity, the market value is only a point-in-time measurement and no loss is realized. Interest rates have been rising over the last few years, which has allowed excess funds to be invested at higher rates resulting in increased interest income. 22 a l--8 IIUNTINCTDN OCACII Portfolio Investments Par Va lue Book Value Market Value Book Value Book Yield Book Yield Daysto %of Port Contribution Maturity Cash / Money Market $15,042,110,48 $15,042,110 .48 $15,042,110.48 3 .6 1% 4.22% 0.15% 1 Local Govt Inv Pools (LGIP) $30,677,790.75 $30,677,790.75 $30,677,790.75 7 .35% 4.47% 0.33% 1 Negotiable CDs $5,000,000.00 $5,000,000.00 $5,000,000.00 1.20% 4.51% 0.05% 1.28 US.Treasuries $89,000,000.00 $88,443,254.19 $88,166,480.00 21.20% 3.17% 0.67% 853 Supranational $55,000,000.00 $54,577,1 6954 $54,716,900.00 13.08% 3.42% 0.45% 860 US. Agencies $150,980,000.00 $151,113,606.94 $149,653,52850 36.22% 2.75% 1.0096 666 Corporates $72,762,000.00 $72,311,514.08 $72,346,138.13 17.33% 4.20% 0.73% 648 Tota l $418,461,901.23 $417,165,445.97 $415,602,947.86 100.00% 3.38% 648 3 PORTFOLIO BREAKOUT BY SECTOR As of March 31, 2025 The largest holding by security type at month-end was U.S. Agency securities at approximately 36% of the total overall portfolio. This was followed by U.S. Treasury securities at approximately 21% of the total portfolio as of March 31, 2025. INVESTMENT PORTFOLIO EARNINGS As of March 31, 2025 23 a l--8 IIUNTINCTDN OCACII Sector Breakdown I Co rporates ___ ~ 17..33% U;S, Agerncies _~ 36.22% Period Earnings Summary (31 Days) Net Period Earnings $1,177,209.05 Last FY Per iod Net Earnings $844,665.99 Avg Daily Boo k Balance $417 ,031,5 15.23 Net Effective Annual Return 3.375% I I I I Cash/ Money Market ~ 3.61% ~-~ Local Govt I nv Pools (LG IP) 7.35% Negotiable CDs 1.20% U.S. Treasur ies 2120% Suprarnationa l '-----13.08% Fiscal YTD Summary (274 Days) Net Period Earn ings $9,285,186.47 Last FY Period Net Earni ngs $7,119,725.23 Avg Daily Book Ba lance $390,716,579.25 Net EffectiveAnnual Return 3.178% 4 Earnings for the month of March 2025 were $1,177,209, an increase of approximately 39% from the same month in the prior year. Fiscal year to date earnings of $9,285,186 were up approximately 30% from the previous fiscal year. These higher earnings were due to both the increase in interest rates and the higher average balance of the portfolio. The effective rate of return for March was 3.37%, with a fiscal year-to-date return of 3.18%. The benchmark has increased with the sharp rise in interest rates through 2022 into 2023. At the end of March, the 12-month moving average of the interpolated 1.5-year U.S. Treasury was 4.860%. The portfolio will lag the benchmark, as it will take time for previously purchased securities to mature and for funds to be reinvested. QUARTERLY PORTFOLIO ACTIVITY January 1 to March 31, 2025 As interest rates have remained elevated throughout the year, available funds were invested into higher yielding options. For the quarter ending March 31, 2025, one U.S. Agency was purchased for $5.0 million, three U.S. Treasuries were purchased for $20.0 million, two Corporate Bonds were purchased for $10.0 million, and one Supranational (IBRD) was purchased for $5.0 million. Two U.S. Agencies matured for $10.0 million. 24 a l--8 IIU NTINC TDN OCACII $ in m illi ons Secu r ity Type U.S. Agen cies U.S. Treasuries Corp orate Bo nds Supranationals TOTALS : Transact ion Type: Pu rchase Maturity/Sale $5,000 $10,000 $20,000 $0 $10,000 $0 $~000 --$0 $40,000 --$10,000 5 COMPLIANCE SUMMARY As of March 31, 2025 There were no compliance issues during this period. ECONOMIC AND MARKET OVERVIEW Since the prior quarter, The Federal Open Market Committee (‘FOMC’ or “the Fed”) held two meetings to discuss the current state of the economy and to examine potential future interest rate adjustments. They concluded that the unemployment rate has stabilized at a low level in recent months, and labor market conditions remain solid, with inflation remaining somewh at elevated. At their most recent meeting in March, they decided to maintain the target range for the federal funds rate at 4 -1/4 to 4-1/2 percent. 25 a l--8 IIU NTINC TDN OCACII MAXIMUM I NVESTMENT MAXI MUM SPECIFIED % OF M I NIMUM QUALITY I N PORTFOLIO/ TYPE MATURITY MAXIMUM PER REQUIREMENTS COMPLIANCE? ISS U E R U .S. T reasuries 5 y e ars None None YES U .S . Agencies 5 years None None YES Sup ranation als 5 years 30% -AA-R ating Cat egory YES Corporate Bonds 5 years 30%/10% •A .. Rating C a tegory YES Money Market 60days 1 5 %/10% •AAA• R a ting Mutual Funds Category YES CA Asset Management N /A Up to $75,000,000 None Program (CAMP) YES Maximu m Maturities No more than 50% of portfol i o maturing o v er 4 years . YES M ARKIET S UMMARY: ID IECIE M BIER 31 , 2 0 24-MAIRCHI 31, 2025 F e d Funds 2-Yr. 1 0-Yr. As o f .: R a te T r e asury T r e asury S&P 500 D JIA 12131 /2024 4 .25-4.50% 4 .25% 4..58% $ 5 ,881 .. 6 3 .$ 42,544.22 3 131 /2025 4 .25 -4 .5 0 % 3 . .8 9 % 4 .23% $ 5 ,6 1 1 .. 8 5 $42,001 .76 %Change 0 .00% -8 .47% -7 .·6 4 % -4.5 9 % -1.2 8 % 6 Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 4.23%, down from 4.58% at the end of the previous quarter. The S&P 500 decreased by 4.59% and the DJIA decreased by 1.28% respectively, over the same period. Employment: Total nonfarm payroll employment rose by 228,000 in March, and the unemployment rate was little changed at 4.2 percent. Notable job gains occurred in health care, in social assistance, and in transportation and warehousing. 26 a l--8 IIUNTINCTDN OCACII Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2025) 03/01/2025 - 03/31/2025 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) Negotiable CDs U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $15,042,110.48 $15,042,110.48 $15,042,110.48 3.61%4.22%0.15%1 $30,677,790.75 $30,677,790.75 $30,677,790.75 7.35%4.47%0.33%1 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.20%4.51%0.05%128 $89,000,000.00 $88,443,254.19 $88,166,480.00 21.20%3.17%0.67%853 $55,000,000.00 $54,577,169.54 $54,716,900.00 13.08%3.42%0.45%860 $150,980,000.00 $151,113,606.94 $149,653,528.50 36.22%2.75%1.00%666 $72,762,000.00 $72,311,514.08 $72,346,138.13 17.33%4.20%0.73%648 $418,461,901.23 $417,165,445.97 $415,602,947.86 100.00%3.38%648 Portfolio Investments 03/31/2025 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on December 19, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 1 Purchases 0 Total Activity 1 Period Transactions Redemptions 17 Purchases 20 Total Activity 37 Net Period Earnings $9,285,186.47 Last FY Period Net Earnings $7,119,725.23 Avg Daily Book Balance $390,716,579.25 $1.00 $1.00 Net Effective Annual Return 3.178% Net Period Earnings $1,177,209.05 Last FY Period Net Earnings $844,665.99 Avg Daily Book Balance $417,031,515.23 $1.00 $1.00 Net Effective Annual Return 3.375% Fiscal YTD Summary (274 Days)Period Earnings Summary (31 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $415,602,947.86 sum2 Total Book Value $2.00 $417,165,445.97 Market Value Book Value Par Value sum2 Total Par Value $1.00 $418,461,901.23 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.420% ____________________________________________ 7 27 ~ " \ -"' . s I I I I I Ag Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           15,042,110.48               15,042,110.48               15,042,110.48               4.220 3.61% Cash/Money Market Total           15,042,110.48               15,042,110.48               15,042,110.48    3.61% 003 CAMP California Asset Management Program LGIP           30,677,790.75               30,677,790.75               30,677,790.75               4.470 7.35% LGIP Total           30,677,790.75               30,677,790.75               30,677,790.75    7.35% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 03/31/2025 Report Run Date: Apr 14, 2025 8 28 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4332 Maturity 3130AMQ62 FHLB 0.625 03/14/2025 100.00000 03/14/2025 03/14/2025 5,000,000.00 5,000,000.00 0.00 5,000,000.00 Activity Total 5,000,000.00               5,000,000.00              0.00              5,000,000.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 03/31/2025 Report Run Date: Apr 14, 2025 9 29 >- Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total 0.00              0.00              0.00              0.00     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 03/31/2025 Report Run Date: Apr 14, 2025 10 30 Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4333 Interest Income 3130ALEY6 FHLB 0.800 03/04/2026 03/04/2025 20,000.00 20,000.00 4372 Interest Income 931142EW9 WMT 3.900 09/09/2025 03/10/2025 97,500.00 97,500.00 4405 Interest Income 3130AWWN6 FHLB 4.500 09/10/2027 03/10/2025 100,237.50 100,237.50 4404 Interest Income 037833DN7 AAPL 2.050 09/11/2026 03/11/2025 51,250.00 51,250.00 4332 Interest Income 3130AMQ62 FHLB 0.625 03/14/2025 03/14/2025 15,625.00 15,625.00 4331 Interest Income 3130AMQ54 FHLB 0.700 09/16/2025 03/17/2025 17,500.00 17,500.00 Activity Total           302,112.50              0.00              302,112.50     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 03/31/2025 Report Run Date: Apr 14, 2025 11 31 - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4420 PPGJFO804 CAMP 4.510     08/07/2025 California Asset Management 08/23/2024 08/23/2024 5,000,000.00     5,000,000.00     5,000,000.00    0.00     4.510 0.35 128 1.20%AAA Negotiable CDs 5,000,000.00     5,000,000.00     5,000,000.00    0.00    1.20% 4376 91282CEU1 T 2.875    06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00    2,991,902.39    2,990,940.00    (962.39)4.276 0.20 75 0.72%Aaa AA+AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,994,036.77     4,932,950.00     (61,086.77) 0.615 0.33 121 1.20% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,990,062.76     4,918,700.00     (71,362.76) 0.735 0.41 152 1.20% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,033,464.97     4,969,550.00     (63,914.97) 1.103 0.41 152 1.21% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,007,118.71     5,031,450.00     24,331.29     4.380 1.23 470 1.20% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,978,905.01     4,784,000.00     (194,905.01) 0.950 1.30 486 1.19% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     998,064.48    956,090.00     (41,974.48) 0.890 1.38 517 0.24% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,963,365.56     4,780,450.00     (182,915.56) 1.285 1.38 517 1.19% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,923,561.44     4,932,800.00     9,238.56     4.000 2.13 820 1.18% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,926,161.74     4,932,800.00     6,638.26     3.960 2.13 820 1.18% Aaa AA+ AA+ 4424 91282CKZ3 T 4.375     07/15/2027 U.S. Treasury Note 10/31/2024 11/04/2024 5,000,000.00     5,030,325.03     5,051,750.00     21,424.97     4.090 2.14 835 1.21% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,856,868.27     4,873,250.00     16,381.73     4.080 2.22 851 1.16% Aaa AA+ AA+ 4421 91282CHK0 T 4.000     06/30/2028 U.S. Treasury Note 09/17/2024 09/18/2024 5,000,000.00     5,085,879.80     5,016,800.00     (69,079.80) 3.431 2.99 1,186 1.22% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,089,183.05    10,070,700.00    (18,483.05)3.831 3.07 1,217 2.42%Aaa AA+AA+ 4427 91282CKX8 T 4.250    06/30/2029 U.S. Treasury Note 01/03/2025 01/06/2025 5,000,000.00    4,985,186.81    5,060,950.00    75,763.19    4.327 3.83 1,551 1.20%Aaa AA+AA+ 4430 91282CKX8 T 4.250    06/30/2029 U.S. Treasury Note 01/09/2025 01/10/2025 10,000,000.00    9,938,226.10    10,121,900.00    183,673.90    4.411 3.83 1,551 2.38%Aaa AA+AA+ 4432 91282CFC0 T 2.625    07/31/2029 U.S. Treasury Note 01/22/2025 01/23/2025 5,000,000.00    4,650,941.29    4,741,400.00    90,458.71    4.419 4.03 1,582 1.11%Aaa AA+AA+ U.S. Treasuries 89,000,000.00     88,443,254.19     88,166,480.00     (276,774.19)21.20% 4338 459058JE4 IBRD 0.376    07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00    4,996,664.12    4,935,050.00    (61,614.12)0.583 0.32 118 1.20%Aaa AAA AAA 4319 459058JL8 IBRD 0.500    10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00    4,999,670.19    4,893,250.00    (106,420.19)0.512 0.56 210 1.20%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650    02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00    4,990,350.98    4,837,900.00    (152,450.98)0.870 0.88 329 1.20%Aaa AAA AAA 4429 459058KJ1 IBRD 3.125    06/15/2027 Int'l Bank for Recon and Dev 01/09/2025 01/10/2025 5,000,000.00    4,878,767.54    4,908,850.00    30,082.46    4.295 2.09 805 1.17%Aaa AAA AAA 4413 45818WFN1 IADB 4.850    07/19/2027 Inter-American Development Bank 05/28/2024 05/29/2024 10,000,000.00    10,017,072.92    10,184,100.00    167,027.08    4.770 2.14 839 2.40%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,883,273.14    4,967,000.00    83,726.86    4.622 2.94 1,165 1.17%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,816,413.94    4,925,650.00    109,236.06    4.760 3.05 1,198 1.15%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,874,732.70    4,925,650.00    50,917.30    4.350 3.05 1,198 1.17%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,074,538.75    5,098,600.00    24,061.25    4.130 3.05 1,218 1.22%Aaa AAA AAA 4423 45950KDH0 IFC 4.250    07/02/2029 International Finance Corp 10/22/2024 10/23/2024 5,000,000.00    5,045,685.26    5,040,850.00    (4,835.26)4.011 3.83 1,553 1.21%Aaa AAA Supranational 55,000,000.00     54,577,169.54     54,716,900.00     139,730.46    13.08% 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,999,827.22    3,001,440.00    1,612.78    4.659 0.18 66 0.72%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,998,666.26    4,959,050.00    (39,616.26)0.628 0.21 77 1.20%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,965,000.00    4,959,050.00    (5,950.00)4.013 0.21 77 1.19%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250    06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00    4,650,000.00    4,613,590.50    (36,409.50)1.250 0.24 90 1.11%Aaa AA+ 4327 3130AMDL3 FHLB 0.800    07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00    5,000,000.00    4,944,200.00    (55,800.00)0.800 0.31 115 1.20%Aaa AA+ 4360 3130AQT94 FHLB 1.600    08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00    4,571,111.80    4,524,858.00    (46,253.80)1.816 0.40 149 1.10%Aaa AA+ 4331 3130AMQ54 FHLB 0.700    09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00    5,000,000.00    4,919,400.00    (80,600.00)0.700 0.45 168 1.20%Aaa AA+ 4318 3135GA2Z3 FNMA 0.560    11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00    3,000,427.15    2,932,410.00    (68,017.15)0.500 0.62 230 0.72%Aaa AA+AA+ 4320 3130AKN36 FHLB 0.525    01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00    4,999,211.11    4,857,500.00    (141,711.11)0.545 0.78 289 1.20%Aaa AA+ 4321 3130AKN85 FHLB 0.550     01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00     4,999,598.61     4,856,250.00     (143,348.61) 0.560 0.79 294 1.20% Aaa AA+ 4322 3130AKUS3 FHLB 0.500     01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00     5,000,000.00     4,850,750.00     (149,250.00) 0.500 0.81 302 1.20% Aaa AA+ 4333 3130ALEY6 FHLB 0.800     03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00     5,000,000.00     4,849,700.00     (150,300.00) 0.800 0.90 337 1.20% Aaa AA+ 4328 3130AMJN3 FHLB 1.030     05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00     5,000,000.00     4,825,550.00     (174,450.00) 1.030 1.12 420 1.20% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,992,796.66     4,810,250.00     (182,546.66) 0.873 1.17 437 1.20% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,998,385.20     2,988,810.00     (9,575.20) 3.796 1.15 437 0.72% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,999,447.50     3,014,880.00     15,432.50     4.391 1.17 448 0.72% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,554.32     4,840,400.00     (160,154.32) 1.339 1.21 455 1.20% Aaa AA+ 4384 3130AUMC5 FHLB 3.750     07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00     5,000,000.00     4,980,900.00     (19,100.00) 3.750 1.25 475 1.20% Aaa AA+ 4356 3130AQS79 FHLB 2.250     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,883,200.00     (116,800.00) 2.250 1.31 493 1.20% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,997,025.17     4,992,350.00     (4,675.17) 3.906 1.94 755 1.20% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,992,680.66     4,967,150.00     (25,530.66) 3.700 1.99 771 1.20% Aaa AA+ AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 03/31/2025 Report Run Date: Apr 14, 2025 12 32 >--- f- f-- f--- f- f--- >--- >--- >--- f- f-- >--- >--- >--- >--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4392 3130AW4N7 FHLB 3.630     06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00     5,000,000.00     4,968,250.00     (31,750.00) 3.630 2.05 794 1.20% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,476.18     5,017,600.00     18,123.82     4.130 2.07 805 1.20% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,297,322.83     3,296,832.00     (490.83) 4.791 0.74 832 0.79% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,466,328.79     4,515,588.00     49,259.21     4.383 2.29 892 1.07% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,002,940.31     5,012,500.00     9,559.69     3.979 2.94 1,165 1.20% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,998,228.40     5,012,500.00     14,271.60     4.012 2.94 1,165 1.20% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     2,002,820.00     2,820.00     5.100 0.72 1,224 0.48% 4414 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/18/2024 07/19/2024 5,000,000.00     5,098,182.04     5,123,200.00     25,017.96     4.100 3.74 1,529 1.22% Aaa AA+ 4415 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/24/2024 07/25/2024 5,000,000.00     5,086,396.75     5,123,200.00     36,803.25     4.162 3.74 1,529 1.22% Aaa AA+ 4422 3135GAVN8 FNMA 4.330     07/09/2029 Fannie Mae 09/26/2024 10/09/2024 5,000,000.00     5,000,000.00     4,986,050.00     (13,950.00) 4.330 1.29 1,560 1.20% Aaa AA+ AA+ 4431 3136GA7A1 FNMA 4.710     07/13/2029 Fannie Mae 01/16/2025 01/23/2025 5,000,000.00     5,000,000.00     5,016,700.00     16,700.00     4.710 2.28 1,564 1.20% Aaa AA+ AA+ 4426 3134HAU43 FHLMC 4.625     12/18/2029 Freddie Mac 12/18/2024 12/20/2024 5,000,000.00     5,000,000.00     5,006,600.00     6,600.00     4.625 1.60 1,722 1.20% Aaa AA+ AA+ U.S. Agencies 150,980,000.00     151,113,606.94     149,653,528.50     (1,460,078.44)36.22% 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,003,427.77     5,988,540.00     (14,887.77) 3.810 0.32 117 1.44% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,994,876.48     4,992,750.00     (2,126.48) 4.150 0.43 161 1.20% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,924,560.99     4,917,000.00     (7,560.99) 4.142 1.13 428 1.18% A2 A WD 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,929,395.03     4,941,250.00     11,854.97     4.480 1.13 440 1.18% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,221,490.83     4,204,809.18     (16,681.65) 3.752 1.19 463 1.01% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,450,675.74     2,436,838.95     (13,836.79) 3.752 1.28 483 0.59% A1 A+ WD 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,829,889.45     4,856,650.00     26,760.55     4.583 1.40 528 1.16% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,865,793.75     4,871,250.00     5,456.25     4.273 1.44 553 1.17% A1 A+ WD 4428 24422EXR5 DE 4.900     06/11/2027 John Deere 01/03/2025 01/06/2025 5,000,000.00     5,045,142.86     5,069,100.00     23,957.14     4.460 2.04 801 1.21% A1 A A+ 4417 437076DB5 HD 4.875     06/25/2027 Home Depot 08/22/2024 08/23/2024 5,000,000.00     5,081,925.40     5,070,300.00     (11,625.40) 4.061 2.04 815 1.22% A2 A A 4416 438516CX2 HON 4.650     07/30/2027 Honeywell 08/14/2024 08/15/2024 5,000,000.00     5,053,855.17     5,034,050.00     (19,805.17) 4.137 2.14 850 1.21% A2 A A 4418 023135BC9 AMZN 3.150     08/22/2027 Amazon 08/22/2024 08/23/2024 5,000,000.00     4,900,653.85     4,889,350.00     (11,303.85) 4.040 2.23 873 1.17% A1 AA AA- 4419 14913UAR1 CAT 4.400     10/15/2027 Caterpillar 09/09/2024 09/10/2024 5,000,000.00     5,061,069.96     5,018,850.00     (42,219.96) 3.886 2.33 927 1.21% A2 A A+ 4433 110122DE5 BMY 3.900     02/20/2028 Bristol-Myers Squibb 01/23/2025 01/24/2025 5,000,000.00     4,906,621.52     4,954,200.00     47,578.48     4.600 2.63 1,055 1.18% A2 A WD 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,042,135.29     5,101,200.00     59,064.71     4.662 2.99 1,200 1.21% A1 A A+ Corporates 72,762,000.00     72,311,514.08     72,346,138.13     34,624.05    17.33% Bond Holdings 372,742,000.00     371,445,544.74     369,883,046.63     (1,562,498.11)89.04% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 03/31/2025 Report Run Date: Apr 14, 2025 13 33 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements March 2024 February 2025 March 2025 Receipts General Fund Property Tax  4,914,439$                235,133$                   5,425,021$                Local Sales Tax 3,861,827 5,431,712 3,506,556  Public Safety Sales Tax 325,633 240,177 326,347  Transient Occupancy Tax (TOT)938,525 1,022,172 1,111,679  Utility Users Tax (UUT)1,840,310 1,887,767 573,666  Other Revenue 8,370,025 4,630,154 3,345,593  Total General Fund Revenue 20,250,760               13,447,115               14,288,862                Total All Other Funds Revenue 16,780,087               14,731,688               13,910,821                Total Receipts 37,030,847$ 28,178,803$ 28,199,683$ Disbursements General Fund Personnel Services (10,693,407) (12,701,931) (12,979,446) Operating Expenses  (3,697,896) (4,175,638) (4,364,763) Capital Expenditures  ‐ ‐ ‐  Non‐Operating Expenses (1,236,763)                (5,833) (5,833)  Total General Fund Disbursements (15,628,067) (16,883,403) (17,350,042) Total All Other Funds Disbursements (13,748,398)               (14,466,579)               (12,581,631)               Total Disbursements (29,376,465) (31,349,982) (29,931,673) Net Change in Cash Flow 7,654,382$ (3,171,179)$ (1,731,990)$ Summary of Cash by Fund March 2024 February 2025 March 2025 General Fund 125,370,553$           130,606,978$           127,545,798$            General Fund Other 5,029,806 2,594,103 2,517,699  Capital Projects Funds 45,761,824               47,254,052               46,339,312                Debt Service Funds 28,103,975               38,843,644               39,387,074                Enterprise Funds 80,643,342               83,732,012               86,050,881                Trust and Agency Funds 11,367,785               11,782,960               11,236,230                Internal Service Funds 46,387,107               46,631,796               46,374,212                Special Revenue Funds 44,342,787               55,700,723               55,963,072                General Ledger Cash Balances * 387,007,179$ 417,146,268$ 415,414,278$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office March 2025 14 34 Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2025) 02/01/2025 - 02/28/2025 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) Negotiable CDs U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $9,718,077.29 $9,718,077.29 $9,718,077.29 2.33%4.25%0.10%1 $30,571,963.93 $30,571,963.93 $30,571,963.93 7.34%4.51%0.33%1 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.20%4.51%0.05%159 $89,000,000.00 $88,426,365.51 $87,942,090.00 21.22%3.17%0.67%884 $55,000,000.00 $54,563,270.97 $54,585,300.00 13.10%3.42%0.45%891 $155,980,000.00 $156,101,274.53 $154,310,708.05 37.46%2.68%1.00%675 $72,762,000.00 $72,282,037.11 $72,243,565.18 17.35%4.20%0.73%679 $418,032,041.22 $416,662,989.33 $414,371,704.45 100.00%3.34%677 Portfolio Investments 02/28/2025 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on December 19, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 1 Purchases 0 Total Activity 1 Period Transactions Redemptions 16 Purchases 20 Total Activity 36 Net Period Earnings $8,107,977.42 Last FY Period Net Earnings $6,275,059.24 Avg Daily Book Balance $387,427,212.25 $1.00 $1.00 Net Effective Annual Return 3.160% Net Period Earnings $1,128,910.54 Last FY Period Net Earnings $822,954.01 Avg Daily Book Balance $416,663,733.14 $1.00 $1.00 Net Effective Annual Return 3.590% Fiscal YTD Summary (243 Days)Period Earnings Summary (28 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $414,371,704.45 sum2 Total Book Value $2.00 $416,662,989.33 Market Value Book Value Par Value sum2 Total Par Value $1.00 $418,032,041.22 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.490% ____________________________________________ 15 35 ~ " \ -"' . s I I I I I Ag Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           9,718,077.29               9,718,077.29               9,718,077.29               4.250 2.33% Cash/Money Market Total           9,718,077.29               9,718,077.29               9,718,077.29    2.33% 003 CAMP California Asset Management Program LGIP           30,571,963.93               30,571,963.93               30,571,963.93               4.510 7.34% LGIP Total           30,571,963.93               30,571,963.93               30,571,963.93    7.34% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 02/28/2025 Report Run Date: Apr 14, 2025 16 36 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4425 Maturity 313385CA2 FHDN 0.000 02/18/2025 100.00000 02/18/2025 02/18/2025 5,000,000.00 5,000,000.00 0.00 5,000,000.00 Activity Total 5,000,000.00               5,000,000.00              0.00              5,000,000.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 02/28/2025 Report Run Date: Apr 14, 2025 17 37 >- Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total 0.00              0.00              0.00              0.00     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 02/28/2025 Report Run Date: Apr 14, 2025 18 38 Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4410 Interest Income 459058KW2 IBRD 4.625 08/01/2028 02/03/2025 115,625.00 115,625.00 4356 Interest Income 3130AQS79 FHLB 1.375 08/07/2026 02/07/2025 56,250.00 56,250.00 4400 Interest Income 31422X5U2 FAMCA 5.100 08/07/2028 02/07/2025 51,000.00 51,000.00 4433 Interest Income 110122DE5 BMY 3.900 02/20/2028 02/20/2025 97,500.00 83,416.67 14,083.33 4418 Interest Income 023135BC9 AMZN 3.150 08/22/2027 02/24/2025 78,750.00 437.50 78,312.50 4324 Interest Income 45906M2L4 IBRD 0.650 02/24/2026 02/24/2025 16,250.00 16,250.00 4351 Interest Income 9128284Z0 T 2.750 08/31/2025 02/28/2025 68,750.00 68,750.00 4360 Interest Income 3130AQT94 FHLB 1.600 08/28/2025 02/28/2025 36,600.00 36,600.00 4339 Interest Income 91282CCW9 T 0.750 08/31/2026 02/28/2025 3,750.00 3,750.00 4340 Interest Income 91282CAJ0 T 0.250 08/31/2025 02/28/2025 6,250.00 6,250.00 4342 Interest Income 91282CCW9 T 0.750 08/31/2026 02/28/2025 18,750.00 18,750.00 Activity Total           549,475.00              83,854.17              465,620.83     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 02/28/2025 Report Run Date: Apr 14, 2025 19 39 - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4420 PPGJFO804 CAMP 4.510     08/07/2025 California Asset Management 08/23/2024 08/23/2024 5,000,000.00     5,000,000.00     5,000,000.00    0.00     4.510 0.44 159 1.20%AAA Negotiable CDs 5,000,000.00     5,000,000.00     5,000,000.00    0.00    1.20% 4376 91282CEU1 T 2.875    06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00    2,988,555.38    2,987,190.00    (1,365.38)4.276 0.29 106 0.72%Aaa AA+AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,992,509.00     4,917,450.00     (75,059.00) 0.615 0.41 152 1.20% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,988,036.09     4,901,850.00     (86,186.09) 0.735 0.49 183 1.20% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,040,290.07     4,962,350.00     (77,940.07) 1.103 0.49 183 1.21% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,007,588.25     5,029,700.00     22,111.75     4.380 1.31 501 1.20% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,977,559.45     4,767,400.00     (210,159.45) 0.950 1.38 517 1.19% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     997,948.42    952,700.00     (45,248.42) 0.890 1.47 548 0.24% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,961,168.92     4,763,500.00     (197,668.92) 1.285 1.47 548 1.19% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,920,671.68     4,921,300.00    628.32     4.000 2.21 851 1.18% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,923,370.30     4,921,300.00     (2,070.30) 3.960 2.21 851 1.18% Aaa AA+ AA+ 4424 91282CKZ3 T 4.375     07/15/2027 U.S. Treasury Note 10/31/2024 11/04/2024 5,000,000.00     5,031,450.86     5,044,350.00     12,899.14     4.090 2.22 866 1.21% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,851,654.31     4,859,750.00     8,095.69     4.080 2.30 882 1.16% Aaa AA+ AA+ 4421 91282CHK0 T 4.000     06/30/2028 U.S. Treasury Note 09/17/2024 09/18/2024 5,000,000.00     5,088,124.55     5,002,950.00     (85,174.55) 3.431 3.07 1,217 1.22% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,091,454.76    10,046,500.00    (44,954.76)3.831 3.15 1,248 2.42%Aaa AA+AA+ 4427 91282CKX8 T 4.250    06/30/2029 U.S. Treasury Note 01/03/2025 01/06/2025 5,000,000.00    4,984,890.74    5,047,050.00    62,159.26    4.327 3.90 1,582 1.20%Aaa AA+AA+ 4430 91282CKX8 T 4.250    06/30/2029 U.S. Treasury Note 01/09/2025 01/10/2025 10,000,000.00    9,936,991.42    10,094,100.00    157,108.58    4.411 3.90 1,582 2.38%Aaa AA+AA+ 4432 91282CFC0 T 2.625    07/31/2029 U.S. Treasury Note 01/22/2025 01/23/2025 5,000,000.00    4,644,101.33    4,722,650.00    78,548.67    4.419 4.10 1,613 1.11%Aaa AA+AA+ U.S. Treasuries 89,000,000.00     88,426,365.51     87,942,090.00     (484,275.51)21.22% 4338 459058JE4 IBRD 0.376    07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00    4,995,808.76    4,919,900.00    (75,908.76)0.583 0.40 149 1.20%Aaa AAA AAA 4319 459058JL8 IBRD 0.500    10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00    4,999,622.39    4,878,000.00    (121,622.39)0.512 0.65 241 1.20%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650    02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00    4,989,454.79    4,822,800.00    (166,654.79)0.870 0.97 360 1.20%Aaa AAA AAA 4429 459058KJ1 IBRD 3.125    06/15/2027 Int'l Bank for Recon and Dev 01/09/2025 01/10/2025 5,000,000.00    4,874,186.97    4,898,200.00    24,013.03    4.295 2.17 836 1.17%Aaa AAA AAA 4413 45818WFN1 IADB 4.850    07/19/2027 Inter-American Development Bank 05/28/2024 05/29/2024 10,000,000.00    10,017,691.50    10,171,500.00    153,808.50    4.770 2.22 870 2.40%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,880,222.79    4,958,600.00    78,377.21    4.622 3.02 1,196 1.17%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,811,750.45    4,909,750.00    97,999.55    4.760 3.13 1,229 1.15%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,871,550.63    4,909,750.00    38,199.37    4.350 3.13 1,229 1.17%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,076,402.21    5,085,950.00    9,547.79    4.130 3.13 1,249 1.22%Aaa AAA AAA 4423 45950KDH0 IFC 4.250    07/02/2029 International Finance Corp 10/22/2024 10/23/2024 5,000,000.00    5,046,580.46    5,030,850.00    (15,730.46)4.011 3.91 1,584 1.21%Aaa AAA Supranational 55,000,000.00     54,563,270.97     54,585,300.00     22,029.03    13.10% 4332 3130AMQ62 FHLB 0.625    03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00    5,000,000.00    4,994,200.00    (5,800.00)0.625 0.04 13 1.20%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,999,747.47    3,001,590.00    1,842.53    4.659 0.26 97 0.72%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,998,139.78    4,944,500.00    (53,639.78)0.628 0.29 108 1.20%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,951,184.21    4,944,500.00    (6,684.21)4.013 0.29 108 1.19%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250    06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00    4,650,000.00    4,601,268.00    (48,732.00)1.250 0.33 121 1.12%Aaa AA+ 4327 3130AMDL3 FHLB 0.800    07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00    5,000,000.00    4,929,600.00    (70,400.00)0.800 0.39 146 1.20%Aaa AA+ 4360 3130AQT94 FHLB 1.600    08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00    4,570,318.29    4,515,616.50    (54,701.79)1.816 0.49 180 1.10%Aaa AA+ 4331 3130AMQ54 FHLB 0.700    09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00    5,000,000.00    4,906,300.00    (93,700.00)0.700 0.53 199 1.20%Aaa AA+ 4318 3135GA2Z3 FNMA 0.560    11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00    3,000,483.85    2,923,710.00    (76,773.85)0.500 0.70 261 0.72%Aaa AA+AA+ 4320 3130AKN36 FHLB 0.525     01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00     4,999,127.78     4,843,700.00     (155,427.78) 0.545 0.86 320 1.20% Aaa AA+ 4321 3130AKN85 FHLB 0.550     01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00     4,999,556.94     4,842,500.00     (157,056.94) 0.560 0.87 325 1.20% Aaa AA+ 4322 3130AKUS3 FHLB 0.500     01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00     5,000,000.00     4,836,100.00     (163,900.00) 0.500 0.89 333 1.20% Aaa AA+ 4333 3130ALEY6 FHLB 0.800     03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00     5,000,000.00     4,835,400.00     (164,600.00) 0.800 0.98 368 1.20% Aaa AA+ 4328 3130AMJN3 FHLB 1.030     05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00     5,000,000.00     4,810,100.00     (189,900.00) 1.030 1.20 451 1.20% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,992,295.26     4,794,450.00     (197,845.26) 0.873 1.25 468 1.20% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,998,272.80     2,985,780.00     (12,492.80) 3.796 1.23 468 0.72% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,999,410.00     3,013,110.00     13,700.00     4.391 1.26 479 0.72% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,591.36     4,826,300.00     (174,291.36) 1.339 1.29 486 1.20% Aaa AA+ 4384 3130AUMC5 FHLB 3.750     07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00     5,000,000.00     4,975,350.00     (24,650.00) 3.750 1.33 506 1.20% Aaa AA+ 4356 3130AQS79 FHLB 2.250     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,872,000.00     (128,000.00) 2.250 1.39 524 1.20% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,996,905.38     4,981,900.00     (15,005.38) 3.906 2.02 786 1.20% Aaa AA+ AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 02/28/2025 Report Run Date: Apr 14, 2025 20 40 >--- f- f-- f--- f- f--- >--- >--- >--- f- f-- >--- >--- >--- >--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,992,392.12     4,955,700.00     (36,692.12) 3.700 2.07 802 1.20% Aaa AA+ AA+ 4392 3130AW4N7 FHLB 3.630     06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00     5,000,000.00     4,955,900.00     (44,100.00) 3.630 2.13 825 1.20% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,456.39     5,007,350.00     7,893.61     4.130 2.15 836 1.20% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,297,225.00     3,296,271.00     (954.00) 4.791 0.91 863 0.79% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,466,715.43     4,506,722.55     40,007.12     4.383 2.32 923 1.07% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,017.15     4,998,550.00     (4,467.15) 3.979 3.02 1,196 1.20% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,998,182.10     4,998,550.00    367.90     4.012 3.02 1,196 1.20% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     2,004,440.00     4,440.00     5.100 0.78 1,255 0.48% 4414 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/18/2024 07/19/2024 5,000,000.00     5,100,136.55     5,109,300.00     9,163.45     4.100 3.82 1,560 1.22% Aaa AA+ 4415 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/24/2024 07/25/2024 5,000,000.00     5,088,116.66     5,109,300.00     21,183.34     4.162 3.82 1,560 1.22% Aaa AA+ 4422 3135GAVN8 FNMA 4.330     07/09/2029 Fannie Mae 09/26/2024 10/09/2024 5,000,000.00     5,000,000.00     4,969,700.00     (30,300.00) 4.330 1.75 1,591 1.20% Aaa AA+ AA+ 4431 3136GA7A1 FNMA 4.710     07/13/2029 Fannie Mae 01/16/2025 01/23/2025 5,000,000.00     5,000,000.00     5,012,750.00     12,750.00     4.710 2.31 1,595 1.20% Aaa AA+ AA+ 4426 3134HAU43 FHLMC 4.625     12/18/2029 Freddie Mac 12/18/2024 12/20/2024 5,000,000.00     5,000,000.00     5,008,200.00     8,200.00     4.625 1.63 1,753 1.20% Aaa AA+ AA+ U.S. Agencies 155,980,000.00     156,101,274.53     154,310,708.05     (1,790,566.48)37.46% 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,004,314.26     5,990,520.00     (13,794.26) 3.810 0.40 148 1.44% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,993,903.66     4,985,650.00     (8,253.66) 4.150 0.51 192 1.20% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,919,198.02     4,910,800.00     (8,398.02) 4.142 1.21 459 1.18% A2 A WD 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,924,514.51     4,933,750.00     9,235.49     4.480 1.22 471 1.18% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,219,159.82     4,197,146.58     (22,013.24) 3.752 1.28 494 1.01% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,447,259.12     2,429,148.60     (18,110.52) 3.752 1.37 514 0.59% A1 A+ WD 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,820,075.38     4,845,350.00     25,274.62     4.583 1.47 559 1.16% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,858,406.25     4,857,400.00     (1,006.25) 4.273 1.52 584 1.17% A1 A+ WD 4428 24422EXR5 DE 4.900     06/11/2027 John Deere 01/03/2025 01/06/2025 5,000,000.00     5,046,857.14     5,065,350.00     18,492.86     4.460 2.12 832 1.21% A1 A A+ 4417 437076DB5 HD 4.875     06/25/2027 Home Depot 08/22/2024 08/23/2024 5,000,000.00     5,085,100.81     5,063,350.00     (21,750.81) 4.061 2.12 846 1.22% A2 A A 4416 438516CX2 HON 4.650     07/30/2027 Honeywell 08/14/2024 08/15/2024 5,000,000.00     5,055,852.27     5,031,950.00     (23,902.27) 4.137 2.22 881 1.21% A2 A A 4418 023135BC9 AMZN 3.150     08/22/2027 Amazon 08/22/2024 08/23/2024 5,000,000.00     4,897,192.31     4,875,800.00     (21,392.31) 4.040 2.31 904 1.18% A1 AA AA- 4419 14913UAR1 CAT 4.400     10/15/2027 Caterpillar 09/09/2024 09/10/2024 5,000,000.00     5,063,074.44     5,009,000.00     (54,074.44) 3.886 2.42 958 1.22% A2 A A+ 4433 110122DE5 BMY 3.900     02/20/2028 Bristol-Myers Squibb 01/23/2025 01/24/2025 5,000,000.00     4,903,925.32     4,949,050.00     45,124.68     4.600 2.70 1,086 1.18% A2 A WD 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,043,203.81     5,099,300.00     56,096.19     4.662 3.07 1,231 1.21% A1 A A+ Corporates 72,762,000.00     72,282,037.11     72,243,565.18     (38,471.93)17.35% Bond Holdings 377,742,000.00     376,372,948.11     374,081,663.23     (2,291,284.88)90.33% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 02/28/2025 Report Run Date: Apr 14, 2025 21 41 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements February 2024 January 2025 February 2025 Receipts General Fund Property Tax  144,722$                   22,503,768$              235,133$                   Local Sales Tax 4,795,396 3,278,378 5,431,712  Public Safety Sales Tax 236,799 477,343 240,177  Transient Occupancy Tax (TOT)1,001,534 761,373 1,022,172  Utility Users Tax (UUT)1,815,586 1,872,992 1,887,767  Other Revenue 5,573,286 11,741,544               4,630,154  Total General Fund Revenue 13,567,325               40,635,397               13,447,115                Total All Other Funds Revenue 12,853,834               19,642,309               14,731,688                Total Receipts 26,421,158$ 60,277,707$ 28,178,803$ Disbursements General Fund Personnel Services (12,873,440) (12,155,866) (12,701,931) Operating Expenses  (5,828,662) (4,091,337) (4,175,638) Capital Expenditures  ‐ ‐ ‐  Non‐Operating Expenses (5,688) (197,654) (5,833)  Total General Fund Disbursements (18,707,790) (16,444,857) (16,883,403) Total All Other Funds Disbursements (12,548,735)               (27,875,449)               (14,466,579)               Total Disbursements (31,256,525) (44,320,305) (31,349,982) Net Change in Cash Flow (4,835,366)$ 15,957,401$ (3,171,179)$ Summary of Cash by Fund February 2024 January 2025 February 2025 General Fund 92,055,917$             132,658,771$           129,222,483$            General Fund Other 5,084,219 2,610,736 2,616,494  Capital Projects Funds 65,411,498               47,663,293               47,254,052                Debt Service Funds 30,652,777               38,980,163               38,843,644                Enterprise Funds 79,723,530               82,717,330               83,732,012                Trust and Agency Funds 5,008,251 12,516,268               11,839,313                Internal Service Funds 52,912,108               47,222,538               46,631,796                Special Revenue Funds 49,094,233               54,543,021               55,601,145                General Ledger Cash Balances * 379,942,533$ 418,912,119$ 415,740,940$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office February 2025 22 42 Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2025) 01/01/2025 - 01/31/2025 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) Negotiable CDs U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $9,099,730.60 $9,099,730.60 $9,099,730.60 2.16%4.27%0.09%1 $30,464,255.69 $30,464,255.69 $30,464,255.69 7.24%4.55%0.33%1 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.19%4.51%0.05%187 $89,000,000.00 $88,411,111.22 $87,327,120.00 21.01%3.17%0.67%912 $55,000,000.00 $54,549,372.40 $54,221,150.00 12.96%3.42%0.44%919 $160,980,000.00 $161,078,789.34 $158,678,855.40 38.27%2.74%1.05%682 $72,762,000.00 $72,252,560.13 $71,974,512.65 17.17%4.20%0.72%707 $422,305,986.29 $420,855,819.38 $416,765,624.34 100.00%3.35%695 Portfolio Investments 01/31/2025 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on December 19, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 0 Purchases 7 Total Activity 7 Period Transactions Redemptions 15 Purchases 20 Total Activity 35 Net Period Earnings $6,979,066.88 Last FY Period Net Earnings $5,452,105.23 Avg Daily Book Balance $383,250,566.41 $1.00 $1.00 Net Effective Annual Return 3.111% Net Period Earnings $1,146,449.46 Last FY Period Net Earnings $870,536.19 Avg Daily Book Balance $411,730,368.14 $1.00 $1.00 Net Effective Annual Return 3.328% Fiscal YTD Summary (215 Days)Period Earnings Summary (31 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $416,765,624.34 sum2 Total Book Value $2.00 $420,855,819.38 Market Value Book Value Par Value sum2 Total Par Value $1.00 $422,305,986.29 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.520% ____________________________________________ 23 43 ~ " \ -"' . s I I I I I Ag Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           9,099,730.60               9,099,730.60               9,099,730.60               4.270 2.16% Cash/Money Market Total           9,099,730.60               9,099,730.60               9,099,730.60    2.16% 003 CAMP California Asset Management Program LGIP           30,464,255.69               30,464,255.69               30,464,255.69               4.550 7.24% LGIP Total           30,464,255.69               30,464,255.69               30,464,255.69    7.24% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 01/31/2025 Report Run Date: Apr 14, 2025 24 44 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total 0.00              0.00              0.00              0.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 01/31/2025 Report Run Date: Apr 14, 2025 25 45 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4427 Buy 91282CKX8 T 4.250 06/30/2029 99.68750 01/06/2025 01/06/2025 5,000,000.00 4,984,375.00 3,522.10 4,987,897.10 4428 Buy 24422EXR5 DE 4.900 06/11/2027 101.00000 01/06/2025 01/06/2025 5,000,000.00 5,050,000.00 17,013.89 5,067,013.89 4429 Buy 459058KJ1 IBRD 3.125 06/15/2027 97.32800 01/10/2025 01/10/2025 5,000,000.00 4,866,400.00 10,850.69 4,877,250.69 4430 Buy 91282CKX8 T 4.250 06/30/2029 99.35000 01/10/2025 01/10/2025 10,000,000.00 9,935,000.00 11,740.33 9,946,740.33 4431 Buy 3136GA7A1 FNMA 4.710 07/13/2029 100.00000 01/23/2025 01/23/2025 5,000,000.00 5,000,000.00 0.00 5,000,000.00 4432 Buy 91282CFC0 T 2.625 07/31/2029 92.71875 01/23/2025 01/23/2025 5,000,000.00 4,635,937.50 62,771.74 4,698,709.24 4433 Buy 110122DE5 BMY 3.900 02/20/2028 98.01200 01/24/2025 01/24/2025 5,000,000.00 4,900,600.00 83,416.67 4,984,016.67 Activity Total 40,000,000.00               39,372,312.50               189,315.42               39,561,627.92     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 01/31/2025 Report Run Date: Apr 14, 2025 26 46 f- f--- f--- ~ Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4423 Interest Income 45950KDH0 IFC 4.250 07/02/2029 01/02/2025 106,250.00 65,520.83 40,729.17 4390 Interest Income 931142EM1 WMT 3.050 07/08/2026 01/08/2025 64,919.25 64,919.25 4385 Interest Income 3134GYPF3 FHLMC 4.750 07/12/2027 01/13/2025 78,375.00 78,375.00 4402 Interest Income 459058KT9 IBRD 3.500 07/12/2028 01/13/2025 87,500.00 87,500.00 4403 Interest Income 459058KT9 IBRD 3.500 07/12/2028 01/13/2025 87,500.00 87,500.00 4412 Interest Income 24422EXB0 DE 4.950 07/14/2028 01/14/2025 123,750.00 123,750.00 4411 Interest Income 91282CHM6 T 4.500 07/15/2026 01/15/2025 112,500.00 112,500.00 4424 Interest Income 91282CKZ3 T 4.375 07/15/2027 01/15/2025 109,375.00 66,576.09 42,798.91 4320 Interest Income 3130AKN36 FHLB 0.525 01/15/2026 01/15/2025 13,125.00 13,125.00 4384 Interest Income 3130AUMC5 FHLB 3.750 07/20/2026 01/21/2025 93,750.00 93,750.00 4413 Interest Income 45818WFN1 IADB 4.850 07/19/2027 01/21/2025 242,500.00 242,500.00 4321 Interest Income 3130AKN85 FHLB 0.550 01/20/2026 01/21/2025 13,750.00 13,750.00 4371 Interest Income 459200KS9 IBM 4.000 07/27/2025 01/27/2025 120,000.00 120,000.00 4338 Interest Income 459058JE4 IBRD 0.376 07/28/2025 01/28/2025 9,400.00 9,400.00 4391 Interest Income 904764AU1 UNANA 2.000 07/28/2026 01/28/2025 25,050.00 25,050.00 4322 Interest Income 3130AKUS3 FHLB 0.500 01/28/2026 01/28/2025 12,500.00 12,500.00 4416 Interest Income 438516CX2 HON 4.650 07/30/2027 01/30/2025 115,604.17 9,041.67 106,562.50 4341 Interest Income 91282CCP4 T 0.625 07/31/2026 01/31/2025 15,625.00 15,625.00 4408 Interest Income 91282CHQ7 T 4.125 07/31/2028 01/31/2025 206,250.00 206,250.00 4409 Interest Income 91282CFB2 T 2.750 07/31/2027 01/31/2025 68,750.00 68,750.00 4432 Interest Income 91282CFC0 T 2.625 07/31/2029 01/31/2025 65,625.00 62,771.74 2,853.26 4330 Interest Income 91282CAB7 T 0.250 07/31/2025 01/31/2025 6,250.00 6,250.00 Activity Total           1,778,348.42              203,910.33              1,574,438.09     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 01/31/2025 Report Run Date: Apr 14, 2025 27 47 - - - - - - - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4420 PPGJFO804 CAMP 4.510     08/07/2025 California Asset Management 08/23/2024 08/23/2024 5,000,000.00     5,000,000.00     5,000,000.00    0.00     4.510 0.51 187 1.19%AAA Negotiable CDs 5,000,000.00     5,000,000.00     5,000,000.00    0.00    1.19% 4376 91282CEU1 T 2.875    06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00    2,985,532.28    2,984,040.00    (1,492.28)4.276 0.36 134 0.71%Aaa AA+AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,991,129.07     4,902,750.00     (88,379.07) 0.615 0.49 180 1.19% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,986,205.54     4,885,800.00     (100,405.54) 0.735 0.57 211 1.18% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,046,454.67     4,955,800.00     (90,654.67) 1.103 0.56 211 1.20% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,008,012.34     5,019,550.00     11,537.66     4.380 1.39 529 1.19% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,976,344.10     4,743,550.00     (232,794.10) 0.950 1.46 545 1.18% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     997,843.59    947,730.00     (50,113.59) 0.890 1.54 576 0.24% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,959,184.85     4,738,650.00     (220,534.85) 1.285 1.54 576 1.18% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,918,061.59     4,892,400.00     (25,661.59) 4.000 2.28 879 1.17% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,920,848.99     4,892,400.00     (28,448.99) 3.960 2.28 879 1.17% Aaa AA+ AA+ 4424 91282CKZ3 T 4.375     07/15/2027 U.S. Treasury Note 10/31/2024 11/04/2024 5,000,000.00     5,032,467.75     5,017,800.00     (14,667.75) 4.090 2.30 894 1.20% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,846,944.92     4,826,950.00     (19,994.92) 4.080 2.38 910 1.15% Aaa AA+ AA+ 4421 91282CHK0 T 4.000     06/30/2028 U.S. Treasury Note 09/17/2024 09/18/2024 5,000,000.00     5,090,152.06     4,958,200.00     (131,952.06) 3.431 3.15 1,245 1.21% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,093,506.63    9,952,000.00    (141,506.63)3.831 3.22 1,276 2.40%Aaa AA+AA+ 4427 91282CKX8 T 4.250    06/30/2029 U.S. Treasury Note 01/03/2025 01/06/2025 5,000,000.00    4,984,623.32    4,984,550.00    (73.32)4.327 3.97 1,610 1.18%Aaa AA+AA+ 4430 91282CKX8 T 4.250    06/30/2029 U.S. Treasury Note 01/09/2025 01/10/2025 10,000,000.00    9,935,876.23    9,969,100.00    33,223.77    4.411 3.97 1,610 2.36%Aaa AA+AA+ 4432 91282CFC0 T 2.625    07/31/2029 U.S. Treasury Note 01/22/2025 01/23/2025 5,000,000.00    4,637,923.30    4,655,850.00    17,926.70    4.419 4.17 1,641 1.10%Aaa AA+AA+ U.S. Treasuries 89,000,000.00     88,411,111.22     87,327,120.00     (1,083,991.22)21.01% 4338 459058JE4 IBRD 0.376    07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00    4,994,953.41    4,903,800.00    (91,153.41)0.583 0.48 177 1.19%Aaa AAA AAA 4319 459058JL8 IBRD 0.500    10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00    4,999,574.59    4,860,250.00    (139,324.59)0.512 0.72 269 1.19%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650    02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00    4,988,558.59    4,800,700.00    (187,858.59)0.870 1.04 388 1.19%Aaa AAA AAA 4429 459058KJ1 IBRD 3.125    06/15/2027 Int'l Bank for Recon and Dev 01/09/2025 01/10/2025 5,000,000.00    4,869,606.40    4,871,200.00    1,593.60    4.295 2.24 864 1.16%Aaa AAA AAA 4413 45818WFN1 IADB 4.850    07/19/2027 Inter-American Development Bank 05/28/2024 05/29/2024 10,000,000.00    10,018,310.09    10,123,600.00    105,289.91    4.770 2.30 898 2.38%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,877,172.44    4,916,700.00    39,527.56    4.622 3.10 1,224 1.16%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,807,086.96    4,865,100.00    58,013.04    4.760 3.20 1,257 1.14%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,868,368.57    4,865,100.00    (3,268.57)4.350 3.20 1,257 1.16%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,078,265.68    5,044,500.00    (33,765.68)4.130 3.13 1,277 1.21%Aaa AAA AAA 4423 45950KDH0 IFC 4.250    07/02/2029 International Finance Corp 10/22/2024 10/23/2024 5,000,000.00    5,047,475.67    4,970,200.00    (77,275.67)4.011 3.97 1,612 1.20%Aaa AAA Supranational 55,000,000.00     54,549,372.40     54,221,150.00     (328,222.40)12.96% 4425 313385CA2 FHDN 0.000    02/18/2025 Federal Home Loan Bank Discount 12/10/2024 12/11/2024 5,000,000.00    4,989,847.22    4,989,500.00    (347.22)4.408 0.05 17 1.19%P-1 A-1+ 4332 3130AMQ62 FHLB 0.625    03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00    5,000,000.00    4,979,700.00    (20,300.00)0.625 0.11 41 1.19%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,999,667.72    3,003,120.00    3,452.28    4.659 0.34 125 0.71%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,997,613.31    4,928,950.00    (68,663.31)0.628 0.37 136 1.19%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,937,368.42    4,928,950.00    (8,418.42)4.013 0.37 136 1.17%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250    06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00    4,650,000.00    4,593,409.50    (56,590.50)1.250 0.40 149 1.10%Aaa AA+ 4327 3130AMDL3 FHLB 0.800    07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00    5,000,000.00    4,918,300.00    (81,700.00)0.800 0.47 174 1.19%Aaa AA+ 4360 3130AQT94 FHLB 1.600    08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00    4,569,524.78    4,507,244.25    (62,280.53)1.816 0.56 208 1.09%Aaa AA+ 4331 3130AMQ54 FHLB 0.700    09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00    5,000,000.00    4,891,650.00    (108,350.00)0.700 0.61 227 1.19%Aaa AA+ 4318 3135GA2Z3 FNMA 0.560     11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00     3,000,540.55     2,915,220.00     (85,320.55) 0.500 0.78 289 0.71% Aaa AA+ AA+ 4320 3130AKN36 FHLB 0.525     01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00     4,999,044.44     4,829,800.00     (169,244.44) 0.545 0.93 348 1.19% Aaa AA+ 4321 3130AKN85 FHLB 0.550     01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00     4,999,515.28     4,823,950.00     (175,565.28) 0.560 0.95 353 1.19% Aaa AA+ 4322 3130AKUS3 FHLB 0.500     01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00     5,000,000.00     4,822,100.00     (177,900.00) 0.500 0.97 361 1.19% Aaa AA+ 4333 3130ALEY6 FHLB 0.800     03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00     5,000,000.00     4,816,150.00     (183,850.00) 0.800 1.06 396 1.19% Aaa AA+ 4328 3130AMJN3 FHLB 1.030     05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00     5,000,000.00     4,795,100.00     (204,900.00) 1.030 1.28 479 1.19% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,991,793.87     4,769,950.00     (221,843.87) 0.873 1.33 496 1.19% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,998,160.40     2,981,220.00     (16,940.40) 3.796 1.31 496 0.71% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,999,372.50     3,013,680.00     14,307.50     4.391 1.33 507 0.71% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,628.40     4,811,750.00     (188,878.40) 1.339 1.37 514 1.19% Aaa AA+ 4384 3130AUMC5 FHLB 3.750     07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00     5,000,000.00     4,966,300.00     (33,700.00) 3.750 1.41 534 1.19% Aaa AA+ 4356 3130AQS79 FHLB 2.250     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,856,050.00     (143,950.00) 2.250 1.45 552 1.19% Aaa AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 01/31/2025 Report Run Date: Apr 14, 2025 28 48 >--- f- f-- f--- f- f--- >--- >--- >--- f- f-- >--- >--- >--- >--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,996,785.59     4,961,500.00     (35,285.59) 3.906 2.09 814 1.19% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,992,103.58     4,933,700.00     (58,403.58) 3.700 2.14 830 1.19% Aaa AA+ AA+ 4392 3130AW4N7 FHLB 3.630     06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00     5,000,000.00     4,930,600.00     (69,400.00) 3.630 2.20 853 1.19% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,436.60     4,985,400.00     (14,036.60) 4.130 2.22 864 1.19% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,297,127.17     3,294,357.00     (2,770.17) 4.791 1.14 891 0.78% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,467,102.08     4,482,754.65     15,652.57     4.383 2.40 951 1.06% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,093.99     4,948,750.00     (54,343.99) 3.979 3.09 1,224 1.19% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,998,135.80     4,948,750.00     (49,385.80) 4.012 3.09 1,224 1.19% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     2,004,400.00     4,400.00     5.100 0.97 1,283 0.48% 4414 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/18/2024 07/19/2024 5,000,000.00     5,102,091.07     5,052,350.00     (49,741.07) 4.100 3.89 1,588 1.21% Aaa AA+ 4415 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/24/2024 07/25/2024 5,000,000.00     5,089,836.57     5,052,350.00     (37,486.57) 4.162 3.89 1,588 1.21% Aaa AA+ 4422 3135GAVN8 FNMA 4.330     07/09/2029 Fannie Mae 09/26/2024 10/09/2024 5,000,000.00     5,000,000.00     4,951,300.00     (48,700.00) 4.330 2.23 1,619 1.19% Aaa AA+ AA+ 4431 3136GA7A1 FNMA 4.710     07/13/2029 Fannie Mae 01/16/2025 01/23/2025 5,000,000.00     5,000,000.00     4,993,950.00     (6,050.00) 4.710 2.56 1,623 1.19% Aaa AA+ AA+ 4426 3134HAU43 FHLMC 4.625     12/18/2029 Freddie Mac 12/18/2024 12/20/2024 5,000,000.00     5,000,000.00     4,996,600.00     (3,400.00) 4.625 2.01 1,781 1.19% Aaa AA+ AA+ U.S. Agencies 160,980,000.00     161,078,789.34     158,678,855.40     (2,399,933.94)38.27% 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,005,200.75     5,989,440.00     (15,760.75) 3.810 0.47 176 1.43% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,992,930.83     4,985,950.00     (6,980.83) 4.150 0.58 220 1.19% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,913,835.06     4,893,650.00     (20,185.06) 4.142 1.29 487 1.17% A2 A WD 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,919,633.98     4,920,600.00    966.02     4.480 1.30 499 1.17% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,216,828.80     4,183,992.45     (32,836.35) 3.752 1.37 522 1.00% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,443,842.50     2,419,930.20     (23,912.30) 3.752 1.44 542 0.58% A1 A+ WD 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,810,261.31     4,824,950.00     14,688.69     4.583 1.54 587 1.14% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,851,018.75     4,839,300.00     (11,718.75) 4.273 1.60 612 1.15% A1 A+ WD 4428 24422EXR5 DE 4.900     06/11/2027 John Deere 01/03/2025 01/06/2025 5,000,000.00     5,048,571.43     5,046,250.00     (2,321.43) 4.460 2.19 860 1.20% A1 A A+ 4417 437076DB5 HD 4.875     06/25/2027 Home Depot 08/22/2024 08/23/2024 5,000,000.00     5,088,276.21     5,047,250.00     (41,026.21) 4.061 2.19 874 1.21% A2 A A 4416 438516CX2 HON 4.650     07/30/2027 Honeywell 08/14/2024 08/15/2024 5,000,000.00     5,057,849.37     5,018,100.00     (39,749.37) 4.137 2.30 909 1.20% A2 A A 4418 023135BC9 AMZN 3.150     08/22/2027 Amazon 08/22/2024 08/23/2024 5,000,000.00     4,893,730.77     4,848,150.00     (45,580.77) 4.040 2.36 932 1.16% A1 AA AA- 4419 14913UAR1 CAT 4.400     10/15/2027 Caterpillar 09/09/2024 09/10/2024 5,000,000.00     5,065,078.92     4,984,200.00     (80,878.92) 3.886 2.49 986 1.20% A2 A A+ 4433 110122DE5 BMY 3.900     02/20/2028 Bristol-Myers Squibb 01/23/2025 01/24/2025 5,000,000.00     4,901,229.11     4,908,900.00     7,670.89     4.600 2.73 1,114 1.16% A2 A WD 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,044,272.33     5,063,850.00     19,577.67     4.662 3.14 1,259 1.20% A1 A A+ Corporates 72,762,000.00     72,252,560.13     71,974,512.65     (278,047.48)17.17% Bond Holdings 382,742,000.00     381,291,833.09     377,201,638.05     (4,090,195.04)90.60% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 01/31/2025 Report Run Date: Apr 14, 2025 29 49 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements January 2024 December 2024 January 2025 Receipts General Fund Property Tax 19,158,531$ 21,433,013$ 22,503,768$ Local Sales Tax 3,385,565 3,902,573 3,278,378 Public Safety Sales Tax 241,753 282,770 477,343 Transient Occupancy Tax (TOT)1,031,836 953,287 761,373 Utility Users Tax (UUT)1,854,414 632,281 1,872,992 Other Revenue 5,055,037 5,699,051 11,741,544 Total General Fund Revenue 30,727,136 32,902,974 40,635,397 Total All Other Funds Revenue 20,986,315 21,008,154 19,642,309 Total Receipts 51,713,451$ 53,911,128$ 60,277,707$ Disbursements General Fund Personnel Services (12,176,399)(12,903,173)(12,155,866) Operating Expenses (4,845,543)(3,807,718)(4,091,337) Capital Expenditures - - - Non-Operating Expenses (201,186) (302,936) (197,654) Total General Fund Disbursements (17,223,128)(17,013,827)(16,444,857) Total All Other Funds Disbursements (23,888,352) (17,034,933) (27,875,449) Total Disbursements (41,111,480)(34,048,761)(44,320,305) Net Change in Cash Flow 10,601,970$ 19,862,367$ 15,957,401$ Summary of Cash by Fund January 2024 December 2024 January 2025 General Fund 83,851,956$ 106,715,947$ 130,906,488$ General Fund Other 5,361,116 2,565,830 2,603,591 Capital Projects Funds 67,553,371 48,713,556 47,663,293 Debt Service Funds 29,577,241 38,073,970 38,980,163 Enterprise Funds 81,583,428 90,039,255 82,717,330 Trust and Agency Funds 3,362,860 13,242,899 12,443,044 Internal Service Funds 52,107,813 49,040,772 47,222,538 Special Revenue Funds 50,053,181 52,608,115 54,421,300 General Ledger Cash Balances *373,450,966$ 401,000,344$ 416,957,745$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office January 2025 30 50 Quarterly Investment Report Alisa Backstrom, MBA, CCMT, CPFIM Elected City Treasurer Quarter Ended: March 31, 2025 51 City Treasurer’s Mission and Goal 52 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ Mission:Preservation and Return of Investments Portfolio governed by: • CA Government Code Sections 53600 et seq • City’s Investment Policy Certified by CA Municipal Treasurers Assoc. Reviewed and adopted annually 53 Goal:Hold Legal & Suitable Investments to meet objectives of: Safety of Principal Adequate Liquidity Market Rate of Return through budgetary/economic cycles 54 Portfolio Overview as of 03/31/25 55 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ INVESTMENT PORTFOLIO – SUMMARY QUARTER END 03/31/25 56 Investment Type Book Value Market Value U.S. Agencies $ 151.1 $ 149.7 U.S. Treasuries $ 88.4 $ 88.2 Corporate Bonds $ 72.3 $ 72.3 CAMP Investment Pool $ 30.7 $ 30.7 Supranational Bonds $ 54.6 $ 54.7 cash / Money Market $ 15.0 $ 15.0 INVESTMENT PORTFOLIO – BY SECTOR QUARTER END 03/31/25 57 36% ■ U.S. Agencies ■ Supra nationals ■ CAMP Term 21% ■ U.S. Treasuries Cash / Money Market 18% Corporate Bonds ■CAMP INVESTMENT PORTFOLIO – BY MATURITY QUARTER END 03/31/25 WAM: 1.78 Years 58 Maturity Distribution Cash 11.0% 0-lYears 25 .0% 1-2Years 17.5% 2-3Years 22.2CMI 3-4Years 12.4% 4-5 Years 11 .9% 0.0% 5.0% 10.0% 15.0% 20 .0% 25.0% 30.0% INVESTMENT PORTFOLIO – ACTIVITY QUARTER END 03/31/25 59 • ilh o s Tra sac tion ype: I Sec u ity ype Pure a e atur ity /Sale U .. S. Age ci es 5,000 · 0,000 us. • 20,000 0 eas un e Co po ate o s $ 0,000 $0 Supr a nationals .s,ooo 0 TOTALS: $40,000 $10,000 INVESTMENT PORTFOLIO – EARNINGS AS OF 03/31/25 •$1,177,209 Up 39% Current Month: •$9,285,186 Up 30% Fiscal Year-to-date: •3.38% Portfolio Book Yield: •3.18% Net Effective Annual Return: 60 INVESTMENT PORTFOLIO – SELECTED COMPLIANCE 61 INVESTME NT MAXIMUM SPECIFIED % OF MINIMUM QUALITY IN PORTFOLIO/ TYPE MATURITY REQUIREMENTS COMPLIANCE? MAXIMUM PER ISSUER U.S . Treasuries 5 years None None U.S. AgonciQS 5 yoars Nono Nono Supranationa ls 5 years 30% "AA• Rating Category Corporate Bonds 5 years 30°~f10% "A" Rating Category YES MonQy MarkGt 60 days 16%110% "AAA" Rating Mutua l Funds Category VES CA Asset Management NIA Up to $75,000,000 None Program (CAMP) Maximum Maturitios No morG than 50 % of portfol io maturing ovQr 4 yoars. Additional Information City Website Government City Treasurer 62 __ --.:::: ~---=---------:::........ ~ ~--- --=--~--~~ ------------ ~ ------=..=,:;;: ---------------:---------~=-,..---=-=-- ............ [!l ••••••••••• ... ..... .. -•••••••••••••• • • •• • • •••• •• • • • • • • • • • • • • • • • • • • ••• • • ••••• •• • • • • • • •••• • ••• ••• • •••••••• • • • •• • • • • •• • •• • • • • • • ••• • • • • •• •• • • •••••••••••••••• •• • •• • • • •• .... .. . ·~ ......... . • • •• •• ••• •• • •••••• •• • ••••••••••• • • • •• • • •••••• •• ••• •• • • ••••••••••• • ••• • ••• •• • ••• •• •••••• • •••••••••• •• •• • ••• • • • •• • • • • • ••• •• • •••••••• •• •• ••• • •••••• • • •• •• • • •••••••••••• • ••• • • • •• • • • ••• • • ••• • • • • ••••••• •• • •• ••• • • • • •• • •••• • • • • • • • • •••••••••••• • • ••••••• •••• •• •• ••••• • •••••••• •••••• ••••••• • •••• • •••• •• • • •••••••••• ••• • •• ••• • •••• •• • • • •• • •••• • • • • • • •• ••• • • •••• • • • • • •• ••• • • •••••••• Questions? 63 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-176 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of May 6, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 6, 2025. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. May 6, 2025 CC/PFA regular meeting minutes City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 64 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, May 6, 2025 4:00 PM — Council Chambers 6:00 PM — Council Chambers Central Library – Lower Level Theater 7111 Talbert Avenue Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 4:00 PM — COUNCIL CHAMBERS CALL TO ORDER — 4:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) — None Mayor Burns read titles for Closed Session Item #1 25-338 regarding Conference with Labor Negotiators and Employee Organization: Huntington Beach Municipal Teamsters (HBMT); Item #2 25-339 regarding Conference with Labor Negotiators and Employee Organization: Management Employees' Organization (MEO); Item #3 25-340 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA); Item #4 25-341 regarding Conference with Labor Negotiators and Employee Organization: Surf City Lifeguard Employees' Association (SCLEA); and #5 25-342 regarding Employee Organization: Non- Associated (N/A). A motion was made by McKeon, with a second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:01 PM CLOSED SESSION 1. 25-338 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 65 Council/PFA Regular Minutes May 6, 2025 Page 2 of 18 2. 25-339 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Management Employees’ Organization (MEO). 3. 25-340 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 4. 25-341 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 5. 25-342 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Non-Associated (N/A). 6. 25-343 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Mullens (Sharon) v. City of Huntington Beach; OCSC Case No.: 30-2024-01431999-CU-PO-CJC. 7. 25-344 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Torres (Anita M.) v. City of Huntington Beach; 30-2023-01350857-CU-PO-NJC. 8. 25-345 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). O’Rourke (Loretta) v. City of Huntington Beach; OCSC Case No.: 30-2023-01338666. 9. 25-346 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom, et al.; 8:23-CV-00421-FWS (ADSx). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None INVOCATION 66 Council/PFA Regular Minutes May 6, 2025 Page 3 of 18 In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 10. 25-333 Huntington Beach Police Chaplain James Pike PLEDGE OF ALLEGIANCE — Led by Mayor Burns CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Mike Vigliotta reported that City Council unanimously directed the City Attorney to file a petition to the U. S. Supreme Court in the case of Huntington Beach v. Newsom, et al.; 8:23-CV-00421-FWS. CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Councilmember Williams reviewed Public Library card requirements for individuals ages 13 – 17, as well as standards for accessing various sections of the Public Library, as noted on the City's website. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Item #15 (2 email communications); Item #16 (1 email communication); Item #17 (1 email communication); and Councilmember Item #29 (10 email communications). PUBLIC COMMENTS (1-Minute Time Limit due to the number of speakers) — 104 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx. Unnamed Speaker commented on the content of Public Library books. (00:14:58) Pastor Joe Pedick thanked Councilmembers for standing up for what is right. (00:16:14) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:17:15) Dom McGee commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:18:13) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:19:26) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:20:45) Karen England commented on the content of Public Library books. (00:22:02) Brett Bush commented on the content of Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:23:19) 67 Council/PFA Regular Minutes May 6, 2025 Page 4 of 18 Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025 Special Election. (00:24:35) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:25:59) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:27:18) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:28:34) Unnamed Speaker commented on the content of Public Library books. (00:30:00) Unnamed Speaker thanked Councilmembers for standing up for what is right. (00:31:26) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:32:40) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:34:02) Julie Rierson commented on her recent experience with Councilmember communications. (00:35:23) Amory Hanson commented on the continuing fight against high-density development in Huntington Beach. (00:36:27) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:37:08) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:38:26) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:39:28) Unnamed Speaker commented on the content of Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:40:55) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:41:59) Unnamed Speaker commented on the content of Public Library books. (00:43:27) Christine Browning commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:46:37) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:47:38) 68 Council/PFA Regular Minutes May 6, 2025 Page 5 of 18 Tina commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:48:30) Gina Clayton-Tarvin commented on what she believes are Councilmember violations of Huntington Beach Municipal Code 207080. (00:49:54) Unnamed Speaker commented on the content of a Public Library book. (00:51:19) Beth commented on the content of Public Library books. (00:52:30) Lisa Musil commented on the content of a Public Library book. (00:53:27) Mike Posey commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:54:45) John commented on the content of a Public Library book. (00:56:00) Unnamed Speaker commented on the content of a Public Library book. (00:57:20) Lindsay Klick commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:58:55) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:00:09) Mabel, Peterson Elementary School student, commented on signs for Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:01:37) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:02:23) Stephen Quinn commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:03:32) Jeannie Paris commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:04:55) Ann Palmer commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:06:16) Deon commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:07:30) Kathy Carrick commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:09:03) Unnamed Speaker commented on the content of Public Library books. (01:10:11) Kathleen Duran commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:10:57) 69 Council/PFA Regular Minutes May 6, 2025 Page 6 of 18 Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:12:11) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:13:24) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:14:40) Jerry Donohue commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:15:48) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:16:54) Melissa commented on controlling the content of Public Library books. (01:18:13) Unnamed Speaker commented on the content of a Public Library book. (01:20:39) Unnamed Speaker commented on the content of a Public Library book. (01:22:00) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:23:12) Robert Gray commented on the content of a Public Library book. (01:24:35) Dennis commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:25:49) Jasmine Stoelting commented on the content of a Public Library book and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:27:10) Kathryn Stock commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:28:24) Frank Daniels commented on the content of a Public Library book and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:29:38) Brian Vea commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:30:55) Jignesh Padhiar commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:31:36) Melanie Brady commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:32:48) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:34:04) 70 Council/PFA Regular Minutes May 6, 2025 Page 7 of 18 Angela commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:35:07) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:36:26) Bethany Webb commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:37:26) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:38:44) Valentina Bankhead commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:40:03) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:41:17) Unnamed Speaker commented on returning to the values of prior City Councilmember Shirley Dettloff. (01:42:50) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:43:57) Chris Kluwe commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:46:04) Tim Geddes commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:47:18) Leanne Steinkizhner commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:48:27) Megan commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:49:47) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:51:03) Chris Rini commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:51:38) Brandi commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:52:58) Shawn commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:54:03) 71 Council/PFA Regular Minutes May 6, 2025 Page 8 of 18 Travis commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:55:02) Stacey Grosvenor commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:56:01) Cindy Tincon commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:57:18) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:58:32) Jennifer Minko commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:59:53) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:01:12) Unnamed Speaker commented on the 2024 restricted book list. (02:02:20) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:03:35) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:04:35) Unnamed Speaker commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:05:45) Jennifer Thomas commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:07:07) Christian Hughes commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:08:14) Diana Lithgow commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:10:38) Sue Kingman commented on public response to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:11:33) Patricia Pappas commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:12:51) Sam Giesy commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:14:19) Lisa commented on public reactions to Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:15:27) 72 Council/PFA Regular Minutes May 6, 2025 Page 9 of 18 Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:16:43) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:18:00) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:19:05) Brian Thienes commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:20:20) Dave Rynerson commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:21:53) Unnamed Speaker commented on a personal experience related to how the current City Council is running Huntington Beach. (02:22:42) Shannon commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:23:43) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (02:24:29) Mayor Burns called for a recess. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING Councilmember Twining reported attending the Annual Meeting of the California Association of Governments; and Mayor Burns and Councilwoman Van Der Mark reported going to Washington DC to advocate for funding. OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT 11. 25-170 Department Services and Budget Overview — Treasurer, City Clerk, Community Development, and Huntington Beach Police Department City Manager Travis Hopkins introduced Alisa Backstrom, City Treasurer, who presented a PowerPoint communication titled City Treasurer’s Office, with slides entitled: City Treasurer’s Office Budget, City Treasurer’s Office Budget as % of City’s General Fund Expenses, City Treasurer’s Office Organization Chart, City Treasurer’s Office Services, Operations & Performance Data, and Questions? Mayor Pro Tem McKeon and City Treasurer Backstrom discussed potential sources of additional revenue and cost savings options within the Treasurer and Finance departments. 73 Council/PFA Regular Minutes May 6, 2025 Page 10 of 18 Councilmember Kennedy thanked City Treasurer Backstrom for such an informative report and efforts to identify antiquated software which should be replaced, including considerations for inter-departmental integration. City Manager Travis Hopkins introduced City Clerk Lisa Lane Barnes, who presented a PowerPoint communication titled Office of the City Clerk, with slides entitled Central Hub of City Governance, Office of the City Clerk (3), and Operations & Performance Data. Mayor Pro Tem McKeon noted the Passport Department provides full passport services for the public, whether the need is a new passport, renewal, or picture. On-line appointments are required for efficient processing. City Manager Travis Hopkins introduced Director of Community Development Jennifer Villasenor, who presented a PowerPoint communication titled Community Development Department, with slides entitled: Community Development, Community Development Department Budget, Community Development Department Divisions & Services, Operations & Performance Data, Efficiencies and Reductions, Streamline Surf City Milestone Map, and Questions? Mayor Pro Tem McKeon noted highlights of the Streamline Surf City Milestone Map which have been accomplished just in Phase 1. He is excited to see even more progress as Phases 2 and 3 are fully implemented. Councilmember Kennedy praised a program that requires results, accountability and operating in a lean and mean manner, and noted benefits will keep coming and don't happen overnight. City Manager Travis Hopkins introduced Kristin Miller, Civilian Police Services Commander, who presented a PowerPoint communication titled Police Department, with slides entitled: Police Department Budget, Police Department FY24-25 Organizational Chart, Police Department Divisions & Services, Operations and Performance Data, and Questions? Mayor Pro Tem McKeon and Commander Miller discussed ways the Department has increased efficiencies and revenues. Councilmember Twining praised Police Department staff and clarified with Commander Miller the helicopter patrol agreements with Newport Beach, Costa Mesa and Irvine. Councilmember Gruel and Commander Miller discussed the Crime Lab which makes it possible to solve crimes more quickly. Councilmember Kennedy noted that the Police Department budget is sizeable, and he considers this an investment necessary to keep Huntington Beach safe so it can continue to thrive. 12. 25-312 Homeless Services Update City Manager Travis Hopkins introduced Lt. Roman Altenbach and Jessica Kelley, Homeless Services Manager who presented a PowerPoint communication titled Homeless & Behavioral Health System of Care 2024 Annual Report, with slides entitled: Social Services Update, Year in Review, HB Cares Volunteers, Navigation Center, Homeless Outreach Social Workers, Valuable Community Partnership, HPD Task Force Officers, Be Well Mobile Crisis Response, Contact Us & Get Involved, and Questions? 74 Council/PFA Regular Minutes May 6, 2025 Page 11 of 18 Councilwoman Van Der Mark noted the compassionate approach that is used by Homeless Services personnel and volunteers to improve safety, such as in the area around Main Street and Pacific Coast Highway. She commended the efforts to be proactive as well as connecting individuals in need with appropriate services. Councilwoman Van Der Mark also noted that other cities see Huntington Beach as a model for reducing homelessness. Mayor Pro Tem McKeon noted the all-time record of placing 78 people into permanent housing in 2024 and at a much lower cost point than previous efforts. He thanked Manager Kelley and Lt. Altenbach for such outstanding results. At approximately 9:28 PM, Councilmember Gruel left the meeting. CONSENT CALENDAR (Items 13 - 25) Councilmember Twining stated he would recuse himself from the discussion and voting on Consent Calendar Item #15, and Mayor Pro Tem McKeon pulled Item #15 for further discussion. City Clerk 13. 25-175 Approved and Adopted Minutes A motion was made by Van Der Mark, second McKeon to approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 15, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 14. 25-332 Received and Filed the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between January 1, 2025, and March 31, 2025 A motion was made by Van Der Mark, second McKeon to receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of January 1, 2025, and March 31, 2025." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel Fire 15. 25-335 Approved and authorized execution of a three-year License Agreement with Rio Media & Advertising Inc. for the Lifeguard Tower Advertisements Program 75 Council/PFA Regular Minutes May 6, 2025 Page 12 of 18 Mayor Pro Tem McKeon pulled this item to ask Fire Chief Eric McCoy to highlight this revenue generating opportunity which is projected to produce $1M in revenue and be split 70% to the City and 30% to Rio Media & Advertising Inc. A motion was made by McKeon, second Van Der Mark to approve and authorize Mayor and City Clerk to execute a three-year "Lifeguard Tower Advertising License Agreement by and Between the City of Huntington Beach and Rio Media and Advertising Inc." The motion carried by the following roll call vote: AYES: Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSTAIN/RECUSE: Twining ABSENT: Gruel 16. 25-336 Adopted Resolution No. 2025-33 authorizing certain City officials to execute Emergency Management Grant Applications and Documents A motion was made by Van Der Mark, second McKeon to adopt Resolution No. 2025-33, "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Grant Applications and Documents." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 17. 25-337 Adopted Resolution No. 2025-34 authorizing certain City officials to execute Applications and Documents to obtain Disaster and Emergency Relief A motion was made by Van Der Mark, second McKeon to adopt Resolution No. 2025-34, "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Applications and Documents to Obtain Disaster and Emergency Relief." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel Police 18. 25-229 Approved Annual Military Equipment Use Report (AB481) A motion was made by Van Der Mark, second McKeon to approve Annual Military Use Report (AB 481) and renew Ordinance No. 4255 "An Ordinance of the City Council of Huntington Beach Adopting a Military Equipment Use Policy Consistent with Assembly Bill No. 481, and Making a Finding of Exemption Under CEQA"; and find that each type of military equipment identified in that report (Attachment 1) complies with the following standards for approval: 1. The military equipment is necessary because there 76 ---- Council/PFA Regular Minutes May 6, 2025 Page 13 of 18 is no reasonable alternative that can achieve the same objective of officer and civilian safety; 2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; 3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 19. 25-331 Adopted Resolution No. 2025-28 and approved and authorized execution of Agreement between the City of Huntington Beach and the Huntington Beach Police and Community Foundation for the Transfer of Ownership of the Huntington Beach Police Department Training Center A motion was made by Van Der Mark, second McKeon to adopt Resolution No. 2025-28, "A Resolution of the City Council of the City of Huntington Beach Accepting the Donation of Improvements to City Owned Real Property from the Huntington Beach Police and Community Foundation"; and approve and authorize the Mayor and City Clerk to execute the "Donation Agreement By and Between the City of Huntington Beach and the Huntington Beach Police and Community Foundation," for the transfer of ownership for the Huntington Beach Police Department Training Center. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel Public Works 20. 25-227 Released Guarantee and Warranty Bond for Tract 18105 and Tract 18106 (Regatta - Holly and Gothard Townhomes) A motion was made by Van Der Mark, second McKeon to release Guarantee and Warranty Bond No. 30190069 (Attachment 1); and, release Guarantee and Warranty Bond No. 30190068 (Attachment 2); and, instruct the City Clerk to notify the developer, Meritage Homes of California, and the City Treasurer to notify the Surety, The Continental Insurance Company, of these actions; and, instruct the City Treasurer to notify the City Clerk when the Guarantee and Warranty Bonds mentioned above have been released. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 77 Council/PFA Regular Minutes May 6, 2025 Page 14 of 18 21. 25-315 Approved and authorized execution of Amendment No. 1 to the Cooperative Agreement No. C-0-2037 between Orange County Transportation Authority (OCTA) and Cities of Fountain Valley, Huntington Beach, Santa Ana, and Westminster for the Edinger Avenue Regional Traffic Signal Synchronization Program Project. A motion was made by Van Der Mark, second McKeon to approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Cooperative Agreement No. C-0-2037 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, Santa Ana, and Westminster for Edinger Avenue Regional Traffic Signal Synchronization Program Project." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 22. 25-317 Rejected lowest bid for the Civic Center – Generator & Switchgear Replacement Project, CC-1720; rejected all remaining bids, re-scope, and re-bid the project A motion was made by Van Der Mark, second McKeon to reject all bids for the Civic Center – Generator & Switchgear Replacement Project, CC-1720. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 23. 25-322 Approved Second Amendment authorizing a one-year extension to the Waste Disposal Agreement between the County of Orange and the City of Huntington Beach extending the term to June 30, 2026 A motion was made by Van Der Mark, second McKeon to approve and authorize the Mayor and City Clerk to execute the "Second Amendment to Waste Disposal Agreement Between the County of Orange, California and the City of Huntington Beach." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 24. 25-323 Approved and authorized execution of Amendment No. 1 to the Cooperative Agreement No. C-0-2039 between Orange County Transportation Authority (OCTA) and Cities of Fountain Valley, Huntington Beach, and Santa Ana for the Warner Avenue Regional Traffic Signal Synchronization Program Project A motion was made by Van Der Mark, second McKeon to approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Cooperative Agreement No. C-0-2039 between Orange County 78 Council/PFA Regular Minutes May 6, 2025 Page 15 of 18 Transportation Authority and Cities of Fountain Valley, Huntington Beach, and Santa Ana for Warner Avenue Regional Traffic Signal Synchronization Program Project" The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 25. 25-324 Approved and authorized execution of Amendment No. 1 to the Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority (OCTA) and Cities of Fountain Valley, Huntington Beach, and Santa Ana for the Talbert Avenue/MacArthur Boulevard Regional Traffic Signal Synchronization Program Project A motion was made by Van Der Mark, second McKeon to approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Cooperative Agreement No. C-0-2038 between Orange County Transportation Authority and Cities of Fountain Valley, Huntington Beach, and Santa Ana for MacArthur Boulevard/ Talbert Avenue Regional Traffic Signal Synchronization Program Project." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel PUBLIC HEARING 26. 25-272 Held Public Hearing and Adopted Resolution No. 2025-32 approving the 2025-26 Annual Action Plan, 2025-29 Consolidated Plan, 2025-29 Citizen Participation Plan, and 2025-29 Orange County Regional Assessment of Fair Housing for Use of CDBG and HOME Funds City Manager Travis Hopkins introduced Charles Kovac, Housing Manager, who presented a PowerPoint communication titled Public Hearing on the 2025-29 Consolidated Plan and 2025-26 CDBG and HOME Program Funding, with slides entitled: Background, Background (cont.) (2), 2025-29 Consolidated Plan, 2025-26 Annual Action Plan, 2025-26 FUNDING, CDBG Public Services, CDBG CAPITAL & HOUSING PRESERVATION PROJECTS, CDBG ADMINISTRATION, HOME ALLOCATIONS, 2025-29 Citizen Participation Plan, 2025-29 Regional Assessment of Fair Housing, Housing Rehabilitation Program, Recommendations, and Questions? Mayor Burns called for any ex-parte communications, and there were none. There was no Councilmember discussion. Mayor Burns opened the Public Hearing. Pursuant to the Brown "Open Meetings" Act, City Clerk Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Item #26 (1 letter communication). 79 Council/PFA Regular Minutes May 6, 2025 Page 16 of 18 City Clerk Lisa Lane Barnes announced there were no Public Speakers. Mayor Burns closed this Public Hearing. A motion was made by Burns, second Van Der Mark to conduct a public hearing on the following documents: 1. 2025-26 Annual Action Plan (for CDBG and HOME funding); 2. 2025-29 Consolidated Plan; 3. 2025-29 Citizen Participation Plan; and 4. 2025-29 Orange County Regional Assessment of Fair Housing, and approve and adopt Resolution No. 2025-32, "A Resolution of the City Council of the City of Huntington Beach, California, Approving the 2025-2029 Consolidated Plan, 2025-2026 Action Plan, 2025-2029 Orange County Regional Assessment of Fair Housing, and the 2025-2029 Citizen Participation Plan for Federal Community Development Block Grant and HOME Investment Partnerships Programs;" and authorize the City Manager to sign all necessary documents. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel ADMINISTRATIVE PUBLIC HEARING 27. 25-308 Held Public Hearing and Authorized the 2025 Annual Weed Abatement Program Jimmy Hoang, Code Enforcement Manager, presented a PowerPoint communication titled Annual Weed Abatement Public Hearing with slides entitled: Background, Program Timeline (2), Recommendation and Questions? Councilmember Twining confirmed with Manager Hoang that staff will conduct inspections and any parcel owners who do not take appropriate action by the deadline will be charged for the costs if the City completes the abatement. Mayor Burns called for any Councilmember ex parte communications, and there were none. Mayor Burns opened the Public Hearing. City Clerk Lisa Lane Barnes announced no one signed up to speak, but 1 Public Speaker made an appearance. Unnamed Speaker stated support for this item and also stated support for a previous City Council's decision in 2017 to use organic compounds for weed abatement. Unnamed Speaker noted her support for the Ocean View School District's decision to discontinue use of caustic pesticide or herbicide products. She encouraged the City to confirm with the vendor selected for any weed abatement within the City the kind of herbicide that will be used, and require the cleanest possible chemical be used for the protection of all people and pets. There being no more public speakers, Mayor Burns closed this Public Hearing. A motion was made by Burns, second Van Der Mark to open the public hearing to hear any objections to the proposed weed and rubbish removal; and authorize the Director of Public Works to proceed with the abatement of the identified nuisance conditions. 80 Council/PFA Regular Minutes May 6, 2025 Page 17 of 18 The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel COUNCIL MEMBER ITEMS 28. 25-359 Approved Amended Item Submitted by Mayor Burns and Councilman Kennedy Councilmember Kennedy introduced this item by providing a brief history of previous Council actions related to Group Homes. He noted that effective implementation of the Group Home Ordinance has been hampered by people operating without the required permits or in violation of conditions outlined in the existing permits. He added that when the law is not followed, it creates public safety, neighborhood quality of life, and/or quality of care issues. Councilmember Kennedy stated the intent of this item is to prevent owners/operators from applying or re- applying for Group Home permit(s) for five years once they have been found to be operating unlawfully. Councilmember Kennedy noted a new comprehensive document has been created and will soon be posted on the City's website. This document contains all the details including the types of group homes, required property buffers, permits, and number of employees, along with hyperlinks to verify details for state licensed facilities. A motion was made by Burns, second Kennedy to direct the City Manager and City Attorney to amend the Group Homes Ordinance to prevent owners/operators from applying or re-applying for Group Home permit(s) for five years once they have been found to be operating unlawfully, and agendize the Ordinance for Planning Commission review and City Council review and approval, as amended to include the property address. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel 29. 25-363 Approved Item Submitted by Councilman Williams, Mayor Burns, and Councilman Twining Councilmember Williams introduced this item by commending the investigative work of Mark Bixby at Surf City Sentinel, noted that Friends of the Library is an independent 501(c)3 charity organization that is not in any way connected to the Huntington Beach Public Library. He proceeded to present a PowerPoint communication with the first slide titled Friends Of The Huntington Beach Public Library – Full Filing – Nonprofit Explorer — ProPublica, 3/7/25, 3:22PM followed by slides entitled: Our Story; IRS.GOV website page Frequently asked questions about the ban on political campaign intervention by 501(c)(3) organization contributions to political organizations; Recipient Committee Campaign Statement Cover Page – California Form 460; Schedule A (Continuation Sheet) Monetary Contributions Received, California Form 460, Page 22 of 102; Schedule A (Continuation Sheet) Monetary Contributions Received, California Form 460, Page 51 of 102; Schedule A (Continuation Sheet) Monetary 81 Council/PFA Regular Minutes May 6, 2025 Page 18 of 18 Contributions Received, California Form 460, Page 59 of 102; Schedule F Accrued Expenses (Unpaid Bills) California Form 460, Page 102 of 102; 497 Contribution Report, California Form 497 (3); Friends Of The Huntington Beach Public Library – Full Filing – Nonprofit Explorer — ProPublica, 3/7/25, 3:32PM (3). Mayor Burns and Councilwoman Van Der Mark asked for full disclosure on the outcome regardless of whether fraud or innocence is determined. A motion was made by Williams, second Burns to approve the Mayor working with the City Attorney to file a complaint(s) on behalf of the City Council with the California Fair Political Practices Commission (FPPC) and/or the Internal Revenue Service (IRS) regarding suspected campaign finance and charitable law violations. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Williams NOES: None ABSENT: Gruel CITY COUNCIL MEMBER REQUESTS — None ADJOURNMENT — At 10:07 PM a motion was made by Burns, with a second by McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, May 20, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 82 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-357 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Michelle Roesner, Senior Administrative Assistant Subject: Approve one appointment and four reappointments to the Historic Resources Board, with terms to expire June 30, 2029, as recommended by City Council Liaisons, Butch Twining and Andrew Gruel Statement of Issue: There is a need to fill five vacancies on the Historic Resources Board (HRB). Per Huntington Beach Municipal Code (HBMC) 2.107.010, the Board is “to consist of not less than seven nor more than nine members, to be appointed to serve terms of four years.” Currently, the terms of four members will expire on June 30, 2025. The four outgoing board members, Amory Hanson, Alan Ray, Duane Wentworth, and Mark Zambrano, have expressed interest in continuing to serve. Additionally, Jayme Makis has submitted an application to serve on the Board. Financial Impact: Not Applicable. Recommended Action: A) Approve the appointment of Jayme Makis to the Historic Resources Board, effective July 1, 2025, through June 30, 2027, as recommended by City Council Liaisons Butch Twining and Andrew Gruel; and B) Approve the reappointments of Amory Hanson, Alan Ray, Duane Wentworth, and Mark Zambrano to the Historic Resources Board, effective July 1, 2025, through June 30, 2029, as recommended by City Council Liaisons Butch Twining and Andrew Gruel. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 83 File #:25-357 MEETING DATE:5/20/2025 Analysis: The HRB is a seven to nine-member advisory body to the City Council with a mission to encourage and promote programs and activities that enhance public awareness of community historic resources. The terms of Amory Hanson, Alan Ray, Duane Wentworth, and Mark Zambrano will expire on June 30, 2025, with all four requesting reappointments. Additionally, an application to serve on the HRB was received from Jayme Makis. Based on their review and approval, City Council Liaisons Butch Twining and Andrew Gruel are recommending the appointment of Jayme Makis and reappointments of Hanson, Ray, Wentworth, and Zambrano. Mr. Hanson has lived in Huntington Beach for 27 years and has served on the historic resources board since 2019. He is greatly interested in Huntington Beach and its history. In addition to serving on the Historic Resources Board, Mr. Hanson is also a member of the Orange County Historical Society. Mr. Ray has lived in Huntington Beach for over 20 years, since 2004. He also lived here in the 1970s with his parents and is a graduate of Huntington Beach High School. He has been interested in local history since his return to Huntington Beach and currently serves on the board of directors of the Orange County Historical Society. He was the liaison to the Historic Resources Board for a few years while he was on the Planning Commission, so he is well versed in the board's activities and enjoyed working with the people on the board. He is a retired CPA, has an MBA from Cal State Long Beach, and has spent the last 25 years of his career as a Chief Financial Officer. He looks forward to continuing to serve the community and City Council as a member of the Historic Resources Board. Mr. Wentworth is the current Chair of the HRB. He has been a resident of Huntington Beach since 1950. His family dates back to 1903 when it was still Pacific City, and his family has six generations in Huntington Beach. His Great-Grandfather was Ed Manning, the City’s first mayor in 1909. He is a retired City employee having spent 41 years working for Public Works Engineering. His family has been imbedded in the history of Huntington Beach since its inception. His Mother was the City Clerk and City Historian. Mr. Zambrano has a strong interest in knowing, sharing, and preserving the history of Huntington Beach, especially as it relates to surfing. To that end, he wrote a book titled Surfing in Huntington Beach, which catalogues both surfing and the City’s history dating back to the early 20th century, as well as seeks to preserve the stories of local residents who lived that history. Most recently, he worked with the non-profit, Sea of Clouds, to help their efforts to get the wave zones beside the pier listed on the Register of National Historic Places. Through these pursuits, and continued work on the HRB alongside his esteemed fellow members, they hope to ensure HB’s history stays preserved. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 84 File #:25-357 MEETING DATE:5/20/2025 resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Reappointment letter from Amory Hanson 2. Reappointment letter from Alan Ray 3. Reappointment letter from Duane Wentworth 4. Reappointment letter from Mark Zambrano 5. Application of Jayme Mekis 6. Historic Resources Board Roster - June 2025 City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 85 86 From: Sent: To: Subject: Amory Hanson Tuesday, April 29, 2025 12:28 PM Roesner, Michelle Re: Written request to continue serving I am interested in continuing to seNe on the historic resources board and encourage the council to support my reappointment. Sincerely Yours, Mr. Amory Hanson 87 From: Sent: To: Subject: Alan Ray W ednesday, April 30, 2025 8:53 PM Roesner, Michelle Re: HRB reapp ointment letter Michelle , H e re you go. Let me know if I s ho uld writ e more: I am interested in contin ui ng to serv e on the Hi sto ri c Resources Board. I have o nly served le ss than a y ear, and have enjoyed researc h ing prop erties, writing an artic l e a b o ut ada pt ive reus e for the City, a n d visiting with residents at the HRB booth d uri n g Su rf City Nights. I would apprec i ate the City Counci l re -appo inti ng me f or anothe r t erm . Best regards, Alan Ray ~ • .c._: ....... l-1... ___ ..._ ...... ~ .. 88 From: Sent: To: Subject: Hi Michelle, bchbum Wednesday, April 23 , 2025 7:24 AM Roesner, Michelle RE: New HRB term This is to let you know that I wish to continue to serve on the Historic Resources Board. Thanks, Duane Wentworth 89 From: Sent: To: Cc: Subject: Mark Zambrano Wednesday, April 23, 2025 11 :26 PM Roesner, Michelle Duane Wentworth Re: New H RB term Hi Michelle, thank you for letting me know. Yes, I would like to continue serving as a member of the Huntington Beach Historic Resource Board for another term. Please let me know if I need to submit it as a separate document or this email will suffice. Thank you, Mark 90 Page 1 Acknowledgement o Applicants must be U.S. citizens, and residents and electors of the City of Huntington Beach during the appointment process and term, and may not hold more than one membership at a time. o Pursuant to the Municipal Code Chapter 2,100, no members of boards or commissions shall hold any paid office or employment in the City personnel system. o All Council appointed commission, board, and committee members are required to take two hours of AB1234 public service ethics training and AB1661 harassment prevention training every two years and thereafter. o All Council appointed commission, board, and committee members must comply with the City's Huntington Beach Code of Ethics Policy, Social Media Policy for Elected and Appointed Officials (AR 509), Equal Employment Opportunity Policy (AR 921 ), Anti-Harassment, Discrimination, and Retaliation Policy (AR 922), Violence ln the Workplace Policy (AR 923), and A Respectful Workplace Policy (AR 924). o You are applying for a public position, As such, the information provided in your application becomes a public record once the appointment process is completed, and may be subject to public inspection pursuant to the California Public Records Act. o If appointed, you will be required to take an Oath of Office and are subject to filling a Statement of Economic Interests pursuant to the Cily's Confiict of Interest Policy (Resolution 2023-01 ). I acknowledge and certify that I meet the requirements listed in the notice above. Prefix* Etc. Mr., Ms., etc. Date* 2/27/2025 Last Name* mekis Name of Board, Commission, Committee, or Task Force* Historic Resources Board Length of Residency in Huntington Beach* graduated from here in 68/relocated here in 2020 Occupation* retired First Name* jayme United States Citizen?* 'Yes' No Currently Serving on a City Board or Commission?* Home Address:* Street Address Address Une 2 City Postal / Zip Code Yes No State Middle Initial 91 Phone Numbers Personal Type*(?) Number* cell Personal Email* Phone Numbers Business Type (?I Number 92 Page 2 Educational Background* graduated CSULB In 2000 with BA In geography Professional Licenses ancl/or Associations* All expired now: Real Estate Real Estate Appraisers License Pesticide Operators License Private Pilot and FCC licenses Professional Experience* Business Owner in Orange County for 20 years plus Worked for City of Carson in planning department for 5 years Worked for City of Long Beach in planning department for 15 years Special Knowledge or Skills* Real Estate Value Can read plans Speak some Spanish Civic Interests and/or Service Memberships?* Contribute to Huntington Beach Living Magazine How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* I enjoy and am enthusiastic about history particularly history of the built environment. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position that I am applying for and authorize the release of this information. Signature* It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the Interests and qualifications of each applicant. Selection will be made without discrimination based on the applicant's race, color, ancestry, national origin, religion, creed, age (40 and over), physical and/or mental disability, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic lnformation1 marital status, military or veteran status, any other category/status protected by federal and/or state statutes. All applications will remain active for one (1) year from the date received and be kept on file for 2 years for the position(s} applied for. Additional Information concerning a particular commission, board, committee, or task force or the application process is available through the staff suppoI1 department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553, Historic Resources Board Roster Amory Hanson Term: 7/1/2025 - 6/30/2029 Susan Nguyen Term: 7/1/2023 - 6/30/2027 Alan Ray Term: 7/1/2025 - 6/30/2029 Joe Santiago Term: 7/1/2203 - 6/30/2027 Duane Wentworth Term: 7/1/2025 - 6/30/2029 David Wentworth, Sr. Term: 7/1/2023 - 6/30/2027 Mark Zambrano Term: 7/1/2025 - 6/30/2029 Jayme Mekis Term: 7/1/2025 – 6/30/2029 Council Liaisons: Butch Twining Andrew Gruel Staff Liaison: Ashley Wysocki Staff Liaison: Michelle Roesner 93 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-362 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Carrie Gonzales, Management Aide Subject: Receive and file termination notice of the City’s Memorandum of Understanding (MOU) with the Huntington Beach Central Park Conservancy, Inc . Statement of Issue: The City Attorney’s Office and Community & Library Services Department received a letter from the Huntington Beach Central Park Conservancy, Inc. to terminate their Memorandum of Understanding (MOU) with the City. Due to the termination, their MOU with the City will have no practical effect. The entity has taken steps to legally close the non-profit organization due to lack of time for fundraising activities and objectives. Financial Impact: Not applicable. Recommended Action: Accept request received by the Huntington Beach Central Park Conservancy, Inc. to terminate their Memorandum of Understanding with the City of Huntington Beach effective upon the dissolution of the Conservancy. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: On May 17, 2022, the City Council approved a Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc (HBCPC). In the first year of the agreement, HBCPC supported the implementation of the Huntington Central Park Park Ranger Program with a $70,000 donation. The entity has taken steps to legally close the non- profit organization due to lack of time for fundraising activities and objectives. City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 94 File #:25-362 MEETING DATE:5/20/2025 Because the HBCPC has indicated they are terminating and in the process of legally closing the non- profit, the MOU will no longer have any practical effect. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Termination Notice dated April 28, 2025 2. MOU dated May 17, 2022 City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 95 96 April 28, 2025 City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 Attn: Michael Vigliotta, City Attorney Ashley Theel, Parks and Recreation RE: MOU Huntington Beach Central Park Conservancy, Termination Request Dear Mr. Vigliotta and Ms. Theel, We hope this message find you well. We are writing to inform you that, after months and months of careful consideration, The Huntington Beach Central Park Conservancy has decided to terminate the organization effective immediately. Steps have already been taken to legally close the non-profit organization. The decision was not made lightly, and it follows an evaluation of lack of time for fund raising activities and objectives. The principals of the organization have other priorities and myse lf have had numerous health issues. We were the first and only organization to bring Park Rangers to Central Park. We appreciate the support and collaboration from all stakeholders involved throughout the project's duration. Respectfully submitted, ~~ Jean Posey, President HBCPC 97 City of Huntington Beach 2000 Main Street, Huntington Beach , CA 92648 File#: 22-217 MEETING DATE: 5/17/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce , Interim City Manager VIA: Chris Slama, Director of Community & Library Services PREPARED BY: Ashley Wysocki , Deputy Director of Community & Library Services Subject: Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc. (HBCPC) Statement of Issue: City staff, together with the Huntington Beach Central Park Conservancy , Inc . (HBCPC), have been working to enhance and preserve Huntington Central Park (HCP) as a vital urban green space and as a cultural and recreational resource that enhances the quality of life for residents and visitors of the City. There is a need to memorialize the relationship with HBCPC through a Memorandum of Understanding (MOU). Financial Impact: Not applicable . An account has been established within the City's Master Chart of Accounts for receipt of future monetary donations from the HBCPC . Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc ." Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: HCP is the largest park in Huntington Beach, covering over 350 acres. HCP offers a variety of amenities , activities and events year-round for all ages , and is a popular location for leisurely community uses such as picnics , biking, and passive enjoyment of green space . The collaboration between the City and HBCPC has been created for the purpose of supporting advocacy , preservation , and enhancement of HCP . HBCPC has been instrumental in enabling the City of Huntington Beach Page 1 of 2 226 Printed on 5/11/2022 powered by Leg istar™ 98 File#: 22-217 MEETING DATE: 5/17/2022 establishment of an ongoing funding effort associated with a Park Ranger program specific to HCP. To date, HBCPC has raised $70,000 to support the new HCP Park Ranger program. Thanks to HBCPC's efforts, the City has executed a contract with Lyons Security Service, Inc. (Lyons) to patrol all areas within HCP eight hours per day, seven days per week throughout the year. With an emphasis on fostering a welcoming environment at HCP, ranger services will enhance monitoring and oversight of the park to promote general safety and enjoyable visitations for the community. Since the Park Ranger program inception in April 2022, Lyons has completed a familiarization period, and the ranger's presence has been well received by the community. The Park Ranger will continue to build relationships with HCP visitors, serving as a liaison to help provide directions to various amenities, and ensure park goers are abiding by park rules. Based on daily reports, the most common contacts with the public include education regarding dogs off leash, use of tobacco and alcohol in parks and conducting general welfare checks. Given HBCPC's ongoing support of the Park Ranger program and desire to contribute financially to future HCP programs and projects, staff and HBCPC wish to memorialize the HBCPC mission to improve the quality of open space for the enjoyment of our residents and visitors and to be a "Welcome Mat Promoting Outdoor Recreation." The proposed MOU has a five-year term with the option to renew for an additional five-year term. In general, the proposed MOU provides the HBCPC with access to City facilities for meetings and fundraising events, as well as donor and sponsorship recognition programs. HBCPC will be required to maintain a 501 (c)3 non-profit status and will remain HCP's primary fundraising agent. The City Attorney has waived the City's standard insurance requirements given that the services contemplated in the MOU are limited to fundraising efforts of HBCPC. However, certain events coordinated by HBCPC on City property may subsequently require general liability insurance coverage on a case by case basis. Upon mutual agreement, HBCPC may conduct certain operations, fundraising and/or capital campaigns during the term of the MOU. HBC PC will be responsible for managing all of the funds raised as a result of their efforts, and upon mutual agreement, will donate funds to the City to support HCP programs, such as the Park Ranger program and a range of capital improvement projects. Additionally, HBCPC will provide volunteer support and community outreach to cultivate advocacy and partnerships for HCP. The City will maintain complete authority to make all decisions regarding HCP operations and projects, including but not limited to maintenance, repair, programming, infrastructure equipment and signage. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1) Memorandum of Understanding between the City of Huntington Beach and Huntington Beach Central Park Conservancy, Inc. City of Huntington Beach Page 2 of 2 227 Printed on 5/11/2022 powered by Leg,star™ 99 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH CENTRAL PARK CONSERVANCY, INC. This Memorandum of Understanding ("MOU"), dated this /~ day of z~ 2022, is between the City of Huntington Beach ("City") and the Huntington Beach Central Park Conservancy, Inc. ("HBCPC") (collectively, "the Parties"). WHEREAS, HBCPC is a charitable non-profit organization dedicated to enhancing and preserving Huntington Beach Central Park (the "Park") as a vital urban green space and as a cultural and recreational resource that enhances the quality of life for residents and guests of the City; and WHEREAS, in part, HBCPC wishes to provide a donation to support a Huntington Beach Central Park, Park Ranger Program; and WHEREAS, part of HBCPC's mission is to improve the quality of open space in the City of Huntington Beach for the enjoyment of its residents and guests and to be a "Welcome Mat Promoting Outdoor Recreation;" and WHEREAS, the City and HBCPC have created a cooperative and collaborative relationship to help preserve, restore, develop, enhance, rehabilitate, operate and maintain Huntington Central Park; and WHEREAS, the City and HBCPC wish to enter into this MOU to more formally recount the partnership and obligations of the parties with regard to Huntington Beach Central Park; and NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained, the parties agree as follows: SECTION 1. TERM This MOU will become effective on the date it is approved by City Council and shall terminate five (5) years thereafter, unless terminated as provided herein, and except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the parties, this MOU Agreement may be extended for additional five (5) year terms. This MOU may be terminated by either party with or without cause upon sixty ( 60) day written notice. SECTION 2. OBLIGATIONS OF CITY 1. The City has complete authority to make all decisions regarding the Park operations, or Park Projects including but not limited to maintenance, repair, programing, infrastructure, landscaping, amenities, utilities, and equipment, including signage. The City's authority over the Park extends to projects funded by HBCPC. At its sole discretion, the City will work with HBCPC with regard to Park operations or projects funded by HBCPC. 1 22-10984/279880 100 2. Maintain a separate account to receive donations made by HBCPC for use to support the Park programs such as Park Rangers. 3. Provide a non-voting staff liaison to the HBCPC, to be present at regularly scheduled, agendized HBCPC meetings. 4. At the City's sole discretion, provide staff assistance and logistical support, for HBCPC fundraising programs. 5. The City will provide meeting rooms and park space ( as available) for HBC PC use without charge, for HBCPC purposes only, and subject to the City's calendar of activities and approval. SECTION 3. OBLIGATIONS OF HBCPC 1. Maintain status as a 501 ( c) 3 Charitable Organization and accept public and private donations and grants intended for the Park. 2. HBCPC may conduct certain fundraising activities or campaigns, capital or otherwise to raise money to support the Park. Upon mutual agreement of both parties, donations to HBCPC will be given/donated to the City and places in a separate account for use to support the Park programs, such as the park ranger program, and capital improvement projects. 3. Manage and oversee all monies raised and funds received through the HBCPC's 50l(c)3 charitable organization status, including but not limited to, sales, proceeds, donations, grants, auxiliary memberships and/or gifts. 4. Provide volunteer support and community outreach for the Park. 5. Cultivate partnerships and collaboration with the community in support of the Park, through other likeminded groups or organizations. 6. HBCPC may operate donor and sponsor recognition programs in the Park in an effort to encourage donors and sponsors for the Park's continued care, maintenance, operation and programming. Such efforts include donor recognition in connection with capital improvements. The method of donor recognition and recognition levels are upon mutual agreement of City and HBCPC. SECTION 4. ACCESS TO CITY MARKS AND LOGOS HBCPC shall have the right to use the official Huntington Beach City logo, surfboard logo, and CITY' s "Surf City Huntington Beach" trademark with the prior written approval of CITY'S Director of Community and Library Services The surfboard logo is not the property of CITY. HBCPC will use neither logo for commercial purposes. SECTION 5. HOLD HARMLESS HBCPC and CITY shall protect, defend, indemnify and hold harmless each other, their officers, officials, employees, and agents from and against any and all liability, loss, 2 22-10984/279880 101 damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this MOU or its failure to comply with any of their obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of the other. SECTION 6. ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it is voluntary or involuntary, by operation oflaw or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 7. CONFLICT OF INTEREST HBCPC shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 8. PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of HBCPC activities. However, consistent with good safety practices, CITY will endeavor to give 24-hour advance notification of such activities to HBCPC. In addition, if CITY receives compensation from such persons for such production, CITY will grant 50% of such compensation to HBCPC for support of HBCPC's activities as set forth under this MOU. SECTION 9. NONDISCLOSURES/PRESS RELEASES HBCPC shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters arising here from. SECTION 10. WAIVER OF BREACH The waiver by either HBC PC or CITY of any breach by HBCPC or City of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by the other party, either of the same or another provision of this MOU. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: 3 22-10984/279880 102 CITY Director of Community and Library Services City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Phone: (714)536-5291 Huntington Beach Central Park Conservancy, Inc. Attn: HBCPC President 708 Main Street Huntington Beach, CA 92648 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. SECTION 11. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 12. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 13. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and HBCPC, or their successors in interest. SECTION 14. PARTIAL INVALIDITY Should any provision of this MOU be held by court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 15. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. SECTION 16. ENTIRETY The foregoing sets forth the entire agreement between the parties. 4 22-10984/279880 103 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. CENTRAL PARK CONSERVANCY, INC. ATTEST: City Clerk CITY OF HUNTINGTON BEACH, a Municipal corporation of the State of Califomia Mayor APPROVED AS TO FORM: City Attorney ~ INITIATED AND APPROVED: Director of Community & Library Services REVIEWED AND APPROVED: City Manager COUNTERPART 5 22-10984/279880 104 IN WITNESS WHEREOF , the parties hereto have caused this MOU to be executed by and through their authorized officers the day , month and year first above written. CENTRAL PARK CONSERVANCY , INC. By: ------------- Print Name Title ATTEST: ~CIA~ City Clerk ~/r/22 ~ CITY OF HUNTINGTON BEACH , a Municipal corporation of the State of California Mayor ITIA TED AND APPROVED : Director of Community & Library Services COUNTERPART 5 22-10984/279880 105 June 6, 2022 City of Huntington Beach 2000 Main Street # Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk Huntington Beach Central Park Conservancy, Inc. Attn: HBCPC President 708 Main Street Huntington Beach, CA 92648 Dear Mr./Ms. President: Enclosed is a fully executed copy of the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Central Park Conservancy, Inc. approved by City Council on May 17, 2022. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-385 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Chris Cole, Community & Library Services Manager Subject: Approve and authorize execution of a Memorandum of Understanding (MOU) with Premier Girls Fastpitch, Inc. for the use of Huntington Beach Facilities Statement of Issue: In 2010, Premier Girls Fastpitch, Inc (PGF) began holding their championship tournament in Huntington Beach at the Huntington Central Park Sports Complex. In 2013, the City Council approved a three-year contract with PGF to allow for future planning. In 2014, a new agreement was executed allowing PGF to host a championship event through 2019. Since 2020 , PGF has been issued a Facility Use Permit to host the annual championship event. Due to the increased popularity of Girls Fastpitch locally and nationally, there is a need to approve a MOU with PGF to allow for continued operation of championship tournaments. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding Between the City of Huntington Beach and Premier Girls Fastpitch, Inc for the Use of Huntington Beach Facilities.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: The City of Huntington Beach has hosted a one-week PGF Championship Tournament since 2010. The mission of PGF is to provide a national platform on which fastpitch softball players can demonstrate their individual and team-enhancing skills, competing against the “Best of the Best” players and teams. The event includes a variety of games at the Huntington Central Park Sports City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 106 File #:25-385 MEETING DATE:5/20/2025 Complex, showcasing our beautiful sports facility and providing an opportunity for families to spend time together. PGF management approached the City of Huntington Beach to expand the tournament into a two- week event in 2013. This additional week of games allowed PGF to attract additional 16U & 14U Divisions and provided additional game opportunities for the 18U/HS players. The two weeks of games showcased players’ skills at the highest possible level of competition, and both players and college scouts from around the country were invited to Huntington Beach. Previous tournaments have attracted thousands of players and their families from 25 states. Due to increased popularity of Girls Fastpitch locally and nationally, there is now a need to approve a MOU with PGF to continue to operate an “exclusive” championship tournament in Huntington Beach. PGF management is requesting a MOU with the City to allow them to plan for future events and solicit sponsors who need assurance that this exclusive championship event will continue to be operated in Huntington Beach for the foreseeable future. The proposed MOU is intended to provide that assurance through 2030. The success of the PGF Championship Tournament is important in identifying the City of Huntington Beach as a prime destination for Sports Tourism. Due to the City’s easy access, consistent and fair weather, the prestige of our surf culture, our capability to accommodate large tournaments and the authenticity that comes with the title “Surf City USA”, participants are likely to return year after year bringing more revenue to the hotels, restaurants, and local businesses. Obligations of the City: ·Provide a location for the Tournament each year during the term of this MOU ·Provide PGF with the exclusive rights to present, conduct, promote/market, operate, and manage the only Girls Fastpitch National Championship Tournament to be held in June, July and August of each year during the duration of the MOU ·Allow PGF to conduct the Tournament on dates agreed upon by both Parties and the Sports Complex Operator ·Allow PGF the exclusive right to select and hire any and all necessary subcontractors for the Tournament ·Reserves the right to cancel any Tournament due to natural disaster, inclement weather, potential hazards, or damage to the fields ·Shall make certain that during the Tournament no other vendor, business, tents, structures, or events will be permitted within the Site, without PGF’s written approval ·Shall make every effort to notify PGF of any construction, road maintenance, or other activity planned on or adjacent to the Site that may inhibit or otherwise disrupt the use of the Site during the Tournament Obligation by PGF: ·Shall work with the Sports Complex Operator on scheduling available dates for the Tournament Events ·PGF is restricted from giving away or selling consumable goods without prior written approval City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 107 File #:25-385 MEETING DATE:5/20/2025 by City during Tournament Events ·PGF shall pay all fees listed by the Sports Complex operator, including but not limited to, daily field rental fees, field layout/prep fees, cleaning service fees, trash service fees, and any equipment and supplies charges agreed upon in the Site License Agreement ·PGF will be responsible for the purchase and installation of clay bricks as needed prior to and throughout the Tournament ·PGF will pay for replacement of damaged portable pitching rubbers as needed throughout the Tournament ·PGF shall have non-exclusive use of the parking lot for Sports Complex activities. Use of the parking lot for purposes other than to park cars shall be prohibited without prior City approval. PGF may buy out the entire parking lot or a portion thereof for agreed upon date(s) with City. PGF shall pay City directly for parking fees at a rate of $2 per space per day ·PGF shall only use approved equipment to prepare the fields for the Tournament ·PGF shall provide the Sports Complex Operator with a Turf Deposit to pay for replacement or repair of damaged turf in the area utilized for registration and under tenting as agreed upon between the two Parties in the Site License Agreement ·PGF will be permitted to park utility cars in the designated storage areas within the Sports Complex for the duration of the event Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Memorandum of Understanding between the City of Huntington Beach and Premier Girls Fastpitch, Inc. for the use of Huntington Beach facilities. City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 108 109 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND PREMIER GIRLS FASTPITCH, INC FOR THE USE OF HUNTINGTON BEACH FACILITIES THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on ________ , 2025, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY") and PREMIER GIRLS FASTPITCH, a California "S" Corporation (hereinafter referred to as "PGF") hereinafter referred to as "Parties". WHEREAS, PGF provides valuable services to local youth girls through various fast- pitch softball activities within the CITY of Huntington Beach and its surrounding communities, and; WHEREAS, the CITY wishes to provide a location, named in this MOU, for the anm1al Premier Girls Fastpitch National Championship Tournament (Tournament), and; WHEREAS, the purpose of this MOU is to address responsibilities of each of the pai1ies related to the use of available space for PGF Nationals Tournament at the Huntington Beach Sports Complex, located at 18100 Goldenwest Street, Huntington Beach, California, in Huntington Central Park (Site), and any other locations as mutually agreed upon by Parties, and; NOW, THEREFORE, the City Council of Huntington Beach hereby agrees to enter into an MOU with PGF and finds such MOU is in the interest of serving a valuable public purpose for youth girls' spo11s activities in our community. SECTION 1. TERM This MOU will become effective on the date approved by City Council and shall terminate on September 7, 2030, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual consent of the parties, this Agreement may be extended for two (2) additional one (1) year periods. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this MOU shall be as follows: 1. CITY shall provide a location for the Tournament each year during the term of this MOU at the Huntington Beach Sports Complex softball fields and parking lot. Other facilities may be made available upon mutual agreement of both Parties and reviewed as needed on an annual basis. All terms of the MOU shall apply to any alternate location. 2. CITY shall provide PGF with exclusive rights to present, conduct, promote/market, operate, and manage the only Girls Fastpitch National Championship Tournament in the City of Huntington Beach, to be held in June/ July / August of each year during the duration of this MOU. 25-16161/376492 110 3. CITY shall allow PGF to conduct the Tournament on dates mutually agreed upon by both Parties and the Sports Complex Operator. 4. CITY shall allow PGF the exclusive right to select and hire any and all necessary subcontractors for the Tournament. Subcontractors must provide proof of a current City business license on file with the City of Huntington Beach. Except to protect health and safety, CITY shall not act in anyway contrary to the Agreement to conduct the Tournament. 5. CITY reserves the right to cancel any Tournament due to natural disaster, inclement weather, potential hazards or damage to the fields, for health and/or safety of the public, or if under order by federal, state, county, or local government, or any other reason beyond City's control. 6. CITY, except for CITY's existing food and beverage concessionaires, shall make certain that during the Tournament, no other vendor, business, tents, structures, or events will be permitted within the Site, without PG F's written approval. 7. CITY shall make every effort to notify PGF of any construction, road maintenance, or other activity planned on or adjacent to the Site that may inhibit or otherwise disrupt the use of the Site during the Tournament at least six (6) months prior to the Tournament, when possible, or as soon as reasonably possible. SECTION 3. OBLIGATIONS OF PGF The obligations of PGF, as a youth girls' sports organization, shall provide girls' fast- pitch activities to the registrants and the community, to include but not limited to the following: I. PGF shall work with the Sports Complex Operator on scheduling available dates for the Tournament Events. 2. CITY is under a separate Agreement with the food and beverage concessions at the Sports Complex. PGF is restricted from giving away or selling consumable goods without prior written approval by CITY during Tournament Events. 3. PGF shall pay all fees listed by the Sports Complex operator, including but not limited to, daily field rental fees, field layout/prep fees, cleaning service fees, trash service fees, and any equipment and supplies charges agreed upon in the Site License Agreement. 4. PGF will be responsible for the purchase and installation of clay bricks as needed prior to and throughout Tournament. 5. PGF will pay for replacement of damaged portable pitching rubbers as needed throughout Tournament. 6. PGF shall have non-exclusive use of the parking lot for Sports Complex activities. Use of the parking lot for purposes other than to park cars shall be prohibited without prior CITY approval. PGF may buyout the entire parking lot or a portion thereof for agreed upon date(s) 25-16161/376492 111 with CITY. PGF shall pay CITY directly for parking fees at a rate of$2 per space per day. The CITY agrees to make the parking pay stations and mobile pay system inoperable during full parking lot buyouts. CITY shall not disable the systems on partial parking lot buyouts during the span of the Tournament and the City will retain all revenue collected through the pay stations. 7. PGF shall only use approved equipment to prepare the fields for the Tournament. No pick-up trucks shall be permitted on the fields. PGF shall work directly with the Sports Complex Operator to determine appropriate field preparation. 8. PGF shall provide the Sports Complex Operator with a Turf Deposit to pay for replacement or repair of damaged turf in the area utilized for registration and under tenting as agreed upon between the two Parties in the Site License Agreement. Any remaining funds shall be returned to or applied to other PGF expenses. Paiiies will inspect the registration areas prior to PGF's set-up and then again two (2) weeks after the conclusion of the tournament. 9. PGF will be permitted to park utility cars in the designated storage areas within the Sports Complex for the duration of the event. The CITY shall not be liable for any damage or theft to any vehicles parked in this area, nor shall the Sports Complex Operator. The CITY cannot authorize the parking of vehicles along the County Road behind the Sports Complex. I 0. PGF shall be responsible for control of any reserved parking spaces. SECTION 3. SPECIFIC EVENTS PARMIT REQUIRED All non-tournament events are required to have a Specific Events permit per Municipal Code Chapter 13 .54 and is independent of the Tournament booking process. CITY shall facilitate the Specific Event permit process for non-tournament events on an annual basis. PGF shall follow all protocols as listed in the permit conditions for non-tournament events. SECTION 4, ACCESS TO CITY MARKS AND LOGOS PGF must receive approval from the Office of Communications prior to use of CITY logos, seals or other CITY insignia. All CITY assets must be approved and in-line with current CITY branding policies. PGF shall use no City logo for commercial purposes. SECTION 5. HOLD HARMLESS PGF and CITY shall protect, defend, indemnify and hold harmless each other, their officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of, or in connection with the performance of this MOU, or its failure to comply with any of their obligations contained in this MOU, except such loss or damage which was caused by the sole negligence or willful misconduct of the other. 25-16161/376492 112 SECTION 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, PGF acknowledges awareness of Section 3700 et seq. of said Code, which requires eve1y employer to be insured against liability for workers' compensation; PGF covenants that it will comply with such provisions prior to commencing performance of the work hereunder. In the event PGF directly hires employees, PGF shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident,'each occurrence, One Hundred Thousand Dollars ($100,000) bodily injmy by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily inju1y by disease, policy limit. SECTION 7. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance (if needed) and PG F's covenant to indemnify CITY, PGF shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify PGF, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this MOU and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that PGF's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible," or any other similar form of limitation on the required coverage. SECTION 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this MOU, PGF shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this MOU; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) state that the policy is currently in force; and ( c) promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten (I 0) days' prior written notice in the event of cancellation for nonpayment of premium. PGF shall maintain the foregoing insurance coverage in force during the entire term of the MOU or any renewals or extensions thereof or during any holdover period. 25-16161/376492 113 The requirement for carrying the foregoing insurance coverage shall not derogate from PGF's defense, hold harmless and indemnification obligations as set forth in this MOU. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. PGF shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 9. ASSIGNING AS BREACH No parties shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other parties. A consent by any party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other parties, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other parties, terminate this MOU. SECTION 10. WAIVER OF BREACH The waiver by either PGF or CITY of any breach by PGF or CITY of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by the parties, either of the same or another provision of this MOU. SECTION 11. CONFLICT OF INTEREST PGF shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 12. PHOTOGRAPHY CITY may grant permits to persons engaged in the commercial production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of PGF activities. However, consistent with good safety practices, CITY will endeavor to give 24-hour advance notification of such activities to PGF. In the event of filming by PGF, PGF shall work with CITY to obtain all necessary permits. SECTION 13. NONDISCLOSURES/PRESS RELEASES PGF shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters arising here from. 25-16161/376492 114 SECTION 14. FORCE MAJEURE -UNAVOIDABLE DELAYS Should the performance of any act required by this MOU be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 15. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally, electronically or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY OF HUNTINGTON BEACH Attn: Director, Community & Library Services 2000 Main Street Huntington Beach, CA 92648 PREMIER GIRLS FASTPITCH, INC. Attn: Dan Hay 16792 Gothard Street Huntington Beach, CA 92647 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. SECTION 16. ATTORNEY'S FEES In the event suit is brought by any party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 17. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 18. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 19. TERMINATION This MOU may be terminated by PGF or CITY with or without cause upon thirty (30) days notice in writing. 25-16161/376492 115 SECTION 20. MOU IN WRITING This MOU contains and embraces the entire MOU between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other MOU between the parties unless such MOU be expressed in writing, signed and acknowledged by CITY and PGF, or their successors in interest. SECTION 21. PARTIAL INVALIDITY Should any provision of this MOU be held by court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 22. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. SECTION 23. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 24. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by PGF under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 25. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, official, employee or agent of CITY shall be personally liable to PGF, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may become due to PGF its successors and assigns, under this MOU or for any obligation of CITY under this MOU. SECTION 26. NO TITLE INTEREST No title interest of any kind is hereby given and PGF shall never assert any claim or title to Huntington Central Park Sports Complex or any other public property. Use of the Sports Complex by PGF is non-exclusive, and the Sports Complex shall at all times during its operating hours remain open for use by the public. 25-16161/376492 116 SECTION 27. ENTIRETY The foregoing sets forth the entire MOU between the parties. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. PREMIERE GIRLS F ASTPITCH, INC By:u,__Q_ ~f 'D t\-1'4 '€' '-\--\ A-'( print name ITS: (circle one) Chair/President/Vice President pri t name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer, Other 25-16161/376492 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INIT. A TED AND APPROVED: ervices Directors REVIEWED AND APPROVED: City Manager 117 DATE (MMIDD/YYYY) ACORD ... , CERTIFICATE OF LIABILITY INSURANCE 02-24-2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certlficato holder Is an ADDITIONAL INSURED, tho pollcy{les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsomont. A statement on this certlflcato does not confer rights to lhe certificate holder In lieu of such endorsementfs\. PRODUCER CONTACT Gary Newborn NAME: 0, S. NEWBOIUl &ASSOCIAlES, INC. PHONE 800-821-6002 I FAX 900-708-9371 POBOX2507 (NC, No. Ext): (NC.No): FLEP,IINGTON, NJ 08822 E-MAIL gaf)'@nowllornl11surance.-:om IU CALIFORNIA: G.S. NEWBORN ltlSURAtlCE SERVICES ADDRESS: LICENSE fl 0122566 PRODUCER CUSTOMER ID ft: ltlSURER(S) AFFORDING COVERAGE HAIC# ltlSURED msummA: HDI GLOBAL SPECIALTY SE M-1340041 Premier Girls Fastpltch, Inc. Enrolled Member Teams or Umpires INSURER B: UNITED STATES FIRE INSURANCE CO 21113 California Cruisers Sievers/Carreon, Western 14U {Francis Carreon) INSURERC: 15671 Swan Ln !USURER D: Huntington Beach, CA 92649 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER• TMIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR18EO HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS or-SUCM POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ltlSR lYPE OF JNSUHM~GE ADDL SUBR POLICY NUMBEf( ~3i~g~ .~zMi~ LIMITS LTR INSR wvo GENERfi.L LIABILITY EACH OCCURRENCE $2,000,000 - ~~~~~J?e:~!~uce\ X COMMERCIAL GENERAL UABILITY $1,000,000 A I CLAIMS-MADE CR] OCCUR MEO EXP (Any one person) N/A 18LB6841 09/0112024 09/0112025 PERSONAL & AOV INJURY $1,000,000 -12:01AM 12:0tN.l GENERALAGGHEGATE $5,000,000 - GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $1,000,000 xlroUCY nPROJECl nloc PARllCIPANT LEGAL LIA01UTY $1,000,000 AUTOMOBILE LIABILITY .fE~~i:~~~l~INGLE LIMIT - ANY AUTO BODILY INJURY (Per person) -All OWNED AUTOS BOOlLY INJURY (Pet accident) - lfP~~=ti~gAMAGE SCHEDULED AUTOS - HIRED AUTOS - NON-OWNED AUTOS - UMDRELLA llfi.8 tjOCCUR EACH OCCURRENCE - EXCESS LIAB CLAIMS-l,1AOE AGGREGATE - DEDUCTIBLE - RElENTION WORKERS COMPENSA.llON lf5nirtiWrs I lorHER AND EMPLOYERS' UABLITY YIN ANY PROPR!ETORSH!PIPARlNERI □ EL. EACH ACCIDENT EXECUTNE OFFICER/MEMBER ti/A EXCLUDED? fMandatory In tHIJ E.L. DISEME-EA EMPLOYEE ri~i~~itiF□ ~ ~i gPERAllONS below EL. OISEME-POLICY LIMIT PARllCIPAIIT ACCIDENT B US2147889 09~112024 09/01/2025 EXCESS MEDICAL LIMJT $100,000 12.0\Ml 12:0\N,1 DEDUCTIBLE: 211500 . ----- - • I OESCRIPllON OF OPERATIONS I LOGAllOtlS /VEHICLES (Attn.ch ACORD 101, Addlllonal Remarks Schodulo,Jrmoro spaco 1,.,uq .,u, -. '.... I 1.J / " THE CERTIFICATE HOLDER WHO IS OWNER OR LESSOR OF PREMISES, SPONSOR OR CO-PROMOTER, IS AN ADDITIO! A 11 SURED, BUT SOLEY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. By: MICHAEL J. VIGLIOTTA SEXUAL ABUSE/MOLESTATION: $1,000,008 PER OCCURRENCE/$2,808,000 AGGREGATE CITY ATTORNEY · ........ CH CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach Its officers,electod or appointed SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE offlcials,employees,agonts and volunteers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS, Huntington Beach, CA 92646 AUTHORIZED REPRESEtlTAllVE !l~;t/uvb&~ ACORD 25 (2809/09) © 1988~2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 118 POLICY NUMBER: 18LB6841 COMMERCIAL GENERAL LIABILITY CG20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under !he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Organizalion{s} CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, ANO VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 lnformalion renuired lo comnlele !his Schedule, if no! shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured !he person(s) or organi- 2'11ion(s) shown in the Schedule, bu! only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or !he ack. or omis- sions of those acting on your behalf: A. In the perfonnance of your ongoing operations: or B. In connection wilh your premises owned by or rented to you. --- CG 20 26 07 04 © ISO Properties, Inc .. 2004 Page 1 of 1 □ 119 POLICY NUMBER: 18LB6841 This Endomemenl changes /he Policy. Please read ii careft1/Jy. COMMERCIAL GENERAL LIABILITY ENDORSEMENT PRIMARY AND NON-CONTRIBUTORY AMENDATORY-E1602AJ-1112 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or OrA,~a0n,~lz,a,~tl~o~n _____________________ ____, City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers lnfonnation required lo complete this Schedule, if not shown above, will be shown in the Declarations. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Olher Insurance is hereby deleted and replaced with lhe following: 4. Other Insurance If other valid and collectible insurance is available to !he insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If lhis insurance Is primary, our obtignlions are not affected unless any of the other insurance is also primary. Than, we will share with all that other Insurance by lhe method described in Paragraph c. below. However, with respect to any other valid and collectible insurance available to a person or organization as scheduled above, this insurance shall be primary to olher available sources, except where the liability of such person or organization is caused by his, her, or its own negligence. Nothing herein shall be construed lo make this Policy subject to the tenns, definitions, conditions and limitation of any other insurance. b. Excess Insurance (1) This insurance is excess over: (a) any of the other insurance, whether primary, excess, conlingenl or on any other basis: (i) lhal is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) that is Fire insurance for premises rented lo you or temporarily occupied by you with pennission of the owner; All other terms and conditions of the Policy remain unchanged E1002AJ-1112 Pago 1 ol 2 120 (iii) Iha! is insurance purchased by you to cover your liability as a tenant for "properly damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) if the toss arises out of the maintenance or use of aircraft, "autos" or watercraft to tho oxlont not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Properly Damage Liability. (b) any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operalions, for which you have been added as an addiUonal Insured by attachment of an endorsemenl. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duly to defend the insured against that "suit". If no other insurer defends, we will undertake lo do so, but we will be entitled lo the insured's righls against all those other insurers. c. Method Of Sharing In the inslanr.o where we are primary, we will be non-contributory. In any other Instance, we will contribute as follows: If all of the other insurance pannlls contribulion by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains 1 whichevor comes firsl. If any of the other insurance does not permit conlribulion by equal shares, we will contribute by limits. Under this method, each insure~s share is based on lhe ratio of its applicable limit of insurance to the total applicable limits of Insurance of all insurers. (1) When this insurance is excess over other insurance, we will pay only our share of Iha amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self,insured amounts under all that other insurance. (2) We will share tho remaining loss, if any, with any other Insurance that is not described in this Excess Insurance provision and was not bought specifically lo apply in excess of the limils of Insurance shown in the Declarations of this Coverage Part. AU other terms and conditions of tho Policy remain unchanged E1602AJ-1112 Pugo2of2 121 Resolution No. 2008-63 CITY OF llIUNTINGT'ON ]BEACH 2000 Main Street, Huntington Beach, CA 92648-2702 DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or events(s) if any vehic is used. l(7 Print Name: ---------------------- Company Name (if applicable): _______________ _ Date Signed: 02124!25 16407 EXHIBIT 1 ATTACHMENT #5 122 Resolution No. 2008-63 CITY OlF I-IUNTINGTON BEACJH 2000 Main Street, Huntington Beach, CA 92648-2702 Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. C I O . t· California Cruisers ompany rgarnza 10n: __________________ _ Address: 15671 Swan In, HB, CA 92649 . . Francis Carreon Applicant [please print]: __________________ _ T 'tl 'f manager 1 e, 1 any: -----+---A'----------------- Applicant's Signature: -,-cit~~-~:::'.'.'.::::::::==============:--+- . 02/24 Date Signed: __ ·-,'+----------------------~ ( 14) 313-9654 Telephone Number: ____________________ _ ATTACHMENT #7 123 POLICY NUMBER: 18LB6841 COMMERCIAL GENERAL LIABILITY CG 20 11 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): 3. Additional Premium: (If no entry appears above, the information required to complete this endorsement will be shown In the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant In that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 SCHEDULE The City of Huntington Beach its officers,elected or appointed officials,employees,agents and volunteers 2000 Main St Huntington Beach, CA 92646 Copyright, Insurance Seivices Office, Inc., 1994 Page 1 of 1 □ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-361 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Bill Krill, Real Estate and Project Manager Subject: Approve and Authorize Execution of Amendment No. 3 to the Attachment Agreement with Southern California Gas Company for Installation of Advanced Meter Facilities on City-Owned Streetlights Statement of Issue: The City Council is requested to approve and authorize the execution of Amendment No. 3 to the Attachment Agreement between the City of Huntington Beach and Southern California Gas Company (SCG). This Amendment authorizes SCG to install one new Data Collection Unit (DCU) on a City- owned streetlight located near Santa Barbara Lane on the eastside of Saybrook Lane. Financial Impact: SCG will pay the City a one-time fee of $780 for the new streetlight attachment. This payment is based on a fee of $39 per site per year for 20 years, in accordance with the original Agreement. Funds will be deposited into the General Fund. Recommended Action: Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 3 to Attachment Agreement Between the City of Huntington Beach and Southern California Gas Company.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: In 2012,SCG began implementing its Advance Metering Project following a 2010 decision by the California Public Utilities Commission (CPUC), which required gas utility providers to upgrade more than 6 million existing natural gas meters by 2017. These advanced meters automatically read and securely transmit gas usage data to Data Collection Units (DCUs). The City Council originally approved an Attachment Agreement with SCG on December 21, 2015, City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 124 File #:25-361 MEETING DATE:5/20/2025 The City Council originally approved an Attachment Agreement with SCG on December 21, 2015, allowing the installation of three DCUs on City-owned streetlights. On June 5, 2017, the City Council approved the First Amendment to the Attachment Agreement, granting SCG 18 additional attachment locations. These sites have not been utilized by SCG to date. On February 19, 2019, the City Council approved a Second Amendment,which granted three more attachment locations. Currently SCG has attached three DCUs under the Agreement. Amendment No. 3 will authorize the installation of one additional DCU, bringing the total number of approved attachments to four . Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Amendment No. 3 to Attachment Agreement with Southern California Gas Company 2. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 125 126 AMENDMENT NO. 3 TO ATTACHMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA GAS COMPANY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter refe1Ted to as "City," and SOUTHERN CALIFORNIA GAS COMP ANY, a California corporation, hereinafter referred to as "Gas Company." WHEREAS, on May 24, 2010, pursuant to Ordinance No. 3880, City granted to Gas Company a franchise to use and lay pipes and appurtenances necessary and convenient for the operation of a gas utility under, along, across or upon public streets, ways, alleys and places (collectively, "Rights-of-Way") in the City for transmitting and distributing gas (the "Franchise"). WHEREAS, on December 21, 2015, City and Gas Company entered into Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company ("Agreement") whereby City agreed to license space on po1tions of three (3) City-owned streetlights identified on "Exhibit A" to the Agreement ("Street Light Sites") to Gas Company to install its Advanced Meter Facilities. WHEREAS, City and Gas Company wish to amend "Exhibit A" of the Original Agreement to add a fou1th Street Light Site for one additional Advanced Meter Facility. NOW, THEREFORE, it is agreed by City and Gas Company to amend the Agreement as follows: 1. "Exhibit A" of the Agreement is hereby deleted in its entirety and replaced with "Exhibit A-1" attached hereto. Any and all references to "Exhibit A" 24-14689/343619 127 contained in the Agreement will now refer to "Exhibit A-1" of this Amendment No. 1 to the Agreement. 2 . Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and tlu·ough their authorized officers on _________ , 2004:-2025 . SOUTHERN CALIFORNIA GAS COMPANY, a California corporation CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California print nam e Mayor ITS: (circle one) Chairman/President/Vice Pres ident 1Aa.1ta.o.er-Adva./\ce M<?fer tJ/et"tttf1ol"I) 1v1 :.J ~/1.d J,JfZ..two,K ()/t!.M ,otv=S. ____________ _ AND City Clerk By: ____________ _ print name ITS : (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 24-14689/34 3619 INITIATED AND APPROVED: Dil~ REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: Cify ~~~ 2 128 "Exhibit A-1" -Street Light Sites Gas Street Address Latitude Longitude Pole ID Company Site ID LHx522-A In Park; North of 33.710427 -117 .993 861 NIA Jacqueline Lane MH5256-B Pacific Coast Highway 33.656025 -118.000225 HB103502 MHx049-A Summit Drive 33.682840 -118.006910 HB107507 MHx052-D East Side of Saybrook 33.727110 -118.054525 HB154053 Lane 24-14689/3436]9 3 129 ~ INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested: Risk Management 2. Date: January 21, 2025 3. Name of contractor/permittee: Sempra Energy I SoCal Gas 4. Description of work to be performed: Maintaining the natural gas system 5. Value and length of contract: Millions and there is an endless timeframe 6. Waiver/modification request: Sempra Energey / SoCal Gas is self-insured 7. Reason for request and why it should be granted: Sempra Energy / SoCal Gas is self- insured. See attached financial statement. 8. Identify the risks to the City in approving this waiver/modification :Low 1. APPROVALS Approvals must be obtained in the order listed on this form . Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only requ ired if Risk Management and the City Attorney's Office disagree. Ri~Management ~ EJ Approved D Denied ----:r ..>....c...----r-~---- , Sign ture Date 2. City Attorney's Office ~pproved D Denied ,.,L-~=€a~~~c..£.___.::=---- 3. City Manager's Office D Approved D Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along w ith the contract for approval. Once t he contract has been approved, this f orm is to be filed with the Risk Management Division of Human Resources Waiver Form 1/17/2025 8 :29:00 AM 130 Sea n Djalllvand Sr. Insurance & Risk Advisory Analyst @ SEMPRA: December 26, 2024 City of Huntington Beach Attn: Carter Danielle 2000 Main Street Huntington Beach, CA 92648 Re: Excavate to Repair Gas Leak To Whom It May Concern: Insur ance & Risk Advisory 488 8th Ave. HQ06N1, San Diego, CA 92101 insurance@sempra.com Please accept this letter as compliance with your request for evidence of self-insurance in accordance with the terms of the above-referenced agreement, as dictated under the terms of the agreement, between Southern California Gas Company ( "SoCa/Gas'1 and requester. SoCalGas hereby acknowledges that it is permissibly self-insured by the State of California and that the following program(s) are in full force and effect: Type of Insurance Type of Policy Policy Period Commercial General Liability Self-Insured Continuous Automobile Liability Self-Insured Continuous Workers' Compensation Self-Insured Continuous Any claims resulting from our operations may be referred to: Southern California Gas Company Attention: Paula Martel, Claims Manager 555 W. 5 th Street Los Angeles, CA 90013-1011 Limit $1,000,000 $1,000,000 Statutory Should you have any questions or require additional coverage information, please feel free to contact me. cc: Tae Chung sempra.com By its duly authorized representative, Seaw V/alavand- Sean Djalilvand Sr. Insurance & Risk Advisory Analyst Amendment # 3 to Attachment Agreement between City and Southern California Gas Company City Council Meeting May 20, 2025 131 Request •Location: City-owned streetlight (HB154053) located in the public right-of- way on the east side of Saybrook Lane near the intersection with Santa Barbara Lane. To approve and authorize the execution of Amendment No. 3 to the Attachment Agreement with Southern California Gas Company. 132 J_J J I I -'-r'-j.J__,J ,_r_ Mayflower Cove J_j ...: / u . >, __J ro ro _,J "O C ro J 2 CityOw,...dSt, .... tlights Comment Year Voltage Circuit De,cript,on Photo Cell Service Locot,on Lamude 33.73 Loog,rude .118.05 Expirat•on Date o · e ..c .>. ro Cf) Background • 2015 - Original Agreement approved • 2017 - First Amendment approved • 2019 - Second Amendment approved • 2025 - Third Amendment proposed 133 Financial Impact • The City will receive a one-time payment of $780, based on a $39/year site fee for 20 years, as established in the original agreement. 134 Recommended Action • Approve and authorize the Mayor and City Clerk to execute Amendment No. 3, enabling SCG to comply with State Public Utilities Commission requirements. 135 Questions? 136 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-373 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Kriss Casanova, Economic Development Manager Subject: Approve and Authorize the Execution of a License Agreement with EVA Coffee Project LLC (DBA IYKYK! Coffee Lab) for Temporary Use of City Property at 101 Walnut Avenue Statement of Issue: City Council approval is requested for a license agreement with EVA Coffee Project LLC (doing business as IYKYK! Coffee Lab) for the temporary use of City-owned property located at 101 Walnut Avenue. The agreement would allow café services to activate a currently vacant lot in the Downtown area, providing new revenue to the City of Huntington Beach. Financial Impact: Under the terms of the agreement, the City will receive monthly rent equal to the greater of $1,200 or 10% of gross revenues generated by IYKYK! Coffee Lab during the term of the agreement. The Licensee will be responsible for all costs related to utilities, taxes, maintenance, improvements, and insurance. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “License Agreement by and Between the City of Huntington Beach and EVA Coffee Project LLC. (DBA IYKYK! Coffee Lab) for Temporary Use of City Property at 101 Walnut Avenue.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The property at 101 Walnut Avenue is a vacant, City-owned lot in Downtown Huntington Beach, located near Pacific City and within a high pedestrian-traffic area. In 2024, the City issued a Request for Proposals (RFP) to explore long-term uses for the site in an attempt to gain additional revenue and enhance the vacant space. Despite its prime location, the parcel presents significant development challenges due to its small, irregular shape and the regulatory requirements associated City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 137 File #:25-373 MEETING DATE:5/20/2025 development challenges due to its small, irregular shape and the regulatory requirements associated with permanent improvements. To support an accessible, short-term activation and pilot a creative, community-focused use, staff recommends entering into a License Agreement with EVA Coffee Project, LLC, a Huntington Beach- based business operating as IYKYK! Coffee Lab (Licensee). This temporary use provides the City with an opportunity to evaluate a low-impact approach that may help shape future development or leasing strategies. The License Agreement preserves public access to existing metered parking, ensures ADA compliance, and assigns full responsibility for maintenance, liability, and site restoration to the Licensee. This initiative aligns with City priorities to activate the Downtown area, support local businesses, increase revenue, and enhance public spaces. Key Terms of the License Agreement: ·Use:Café services with temporary art installations to enhance site vibrancy. ·Term:May 24 - October 5, 2025, with an optional extension through May 23, 2026. ·Rent:Greater of $1,200/month or 10% of gross revenue. ·Operating Hours:Weekends from 8:00 a.m. - 8:00 p.m., with optional weekday operations. ·Maintenance & Clean-Up:Licensee is responsible for all site maintenance and daily clean- up. All materials and equipment must be removed from the premises at the end of each day. ·Insurance:General liability and workers’ compensation coverage required. This temporary use serves as a potential interim approach to activating an underutilized City asset, allowing the site to contribute to Downtown’s vitality while the City continues to evaluate its long-term potential. By partnering with a local business in a low-impact, community-driven activation, the City can gather useful insights, reduce risk, and maintain flexibility for future planning. Staff recommends approval of the License Agreement as a step toward the thoughtful and incremental use of public space. Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit <https://www.huntingtonbeachca.gov/strategicplan> Attachment(s): 1. License Agreement with EVA Coffee Project LLC (DBA IYKYK! Coffee Lab) City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 138 File #:25-373 MEETING DATE:5/20/2025 2. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 139 140 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND EV A COFFEE PROJECT LLC. (DBA IYKYK! COFFEE LAB) FOR TEMPORARY USE OF CITY PROPERTY AT 101 WALNUT AVENUE This License Agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and EVA COFFEE PROJECT LLC. (DBA IYKYK COFFEE LAB), hereinafter referred to as "LICENSEE." WHEREAS, LICENSEE has requested CITY permission to use CITY-owned property, described as follows: Location: 101 Walnut Avenue (the "Property") in the City ofHuntington Beach for the purpose of Mobile Coffee/Cafe Services with temporary art installations. WHEREAS, CITY desires to allow such use for the purposes of enhancing the downtown area, growing an existing Huntington Beach business, activating a vacant lot, and fostering a stronger connection between Downtown, Pacific City, and nearby hotels. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. LICENSE AREA USE. LICENSEE may enter upon and use the Property as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the "Property") for the purpose described above. The licensed area shall not include the seven (7) on-site parking spaces, including designated handicap-accessible spaces. These spaces shall remain available to the public at all times and may not be obstructed or utilized for business operations. 25-16336/377775 1 141 Upon taking possession of the Property, LICENSEE agrees to accept the Property in its presently existing condition, "as is," and agrees that CITY shall not be obligated to make any alterations, additions or betterments thereto. LICENSEE may place temporary signage on the Property, provided all signage complies with applicable city, county, and state regulations. CITY grants LICENSEE access to the existing power outlet on site for operational use. At LICENSEE's sole expense, and in compliance with all applicable codes, LICENSEE may make minor site improvements, including the removal or modification of existing fencing and ground-level alterations as needed for business operations. LICENSEE shall place its coffee cart/trailer, and any other related temporary improvements, in a manner that complies with all Federal, State, County and City laws. LICENSEE shall remove all belongings from the Property daily at the conclusion of its regular business hours. LICENSEE may also install temporary art as part of the site activation, provided such installations are pre-approved by the CITY and do not interfere with pedestrian or vehicle access, safety requirements, or ADA accessibility. Such installations shall be removed daily unless approved otherwise. 2. TERM. The term of this License shall be on a month-to-month basis for a period beginning May 24, 2025, and ending October 5, 2025. LICENSEE may elect to operate on additional weekdays based on customer foot traffic, special events and other opportunities, but shall not operate on any given day before 8am and later than 8pm. CITY may terminate this License with 15 day written notice. At CITY's written consent and determination, LICENSEE may continue use of CITY's Property upon completion of the 25-16336/377775 2 142 above term, but in no circumstances shall the temporary use extend past May 23, 2026. 3. LICENSE FEE. LICENSEE may use the Property for a License Fee equal to the greater of 10% of gross revenue or $1,200 per month during the term hereof, which shall be paid by the 5th day of every month, for the preceding month. LICENSEE shall supply monthly point of sale sales reporting. Gross revenue shall be defined as total sales after the deduction of sales tax and employee tips. LICENSEE shall pay CITY, the monthly license fee equal to the terms listed in this Section 3 of this License. The License Fee shall be paid to the CITY at P.O. Box 711, Huntington Beach, CA 92648-071 l. In addition to the License Fee, LICENSEE shall pay to the entities entitled thereto all taxes, assessments, insurance premiums, maintenance charges and any other charges, costs and expenses against the Property which may be contemplated under any provision of this License. LICENSEE shall be responsible for all utility charges incurred during the term of the License, including electricity. 4. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. 5. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of 25-16336/377775 3 143 said code, which requires every employer to be insured against liability for workers' compensation; LICENSEE covenants that it will comply with all such laws and provisions prior to its use of the Property pursuant to this License. LICENSEE shall maintain such Workers' Compensation Insurance in au amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 6. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities to be performed in the Property as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this License Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 25-16336/377775 4 144 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT. Prior to its use of the Property pursuant to this License, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this License Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until this License Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by LICENSEE under this License Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the CITY council for approval prior to the encroachment into the Property pursuant to this License. 8. WASTE. LICENSEE shall not alter, damage or commit any kind of waste upon the Property or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY. LICENSEE shall make no change in the use of the Property nor shall the design of the Property be changed other than as 25-16336/377775 5 145 authorized herein without prior written consent of CITY. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Property and agrees to indemnify and hold CITY harmless against any such liens including but not limited to the payment of attorneys' fees. 9. MAINTENANCE. LICENSEE agrees to care for and maintain the Property in good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily cleaning of the Property area including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. LICENSEE shall keep the Property area reasonably clean and free of debris during its use thereof, and shall restore the Property, as much as reasonably practicable, to its former condition. In the event LICENSEE does not maintain the Property in a satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. In the event any damage is caused to the Property, as a result of the use authorized hereunder, LICENSEE agrees to repair same at its own expense. a) Each party shall provide access to the Property to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. CITY represents and warrants that it has full rights of ingress and egress to and from the Property, and hereby grants such rights to Licensee to the extent required for authorized operations. LICENSEE'S exercise of such rights shall not cause undue inconvenience to CITY. All LICENSEE'S operations shall comply with all 25-16336/377775 6 146 ordinances, regulations, and laws. b) LICENSEE shall, at its sole cost and expense, maintain and repair the Property and LICENSEE'S facilities including, but not limited to, the removal of all trash, debris and graffiti. If LICENSEE causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. c) Upon the expiration or termination of this License Agreement, LICENSEE shall surrender the Property to CITY in good and clean condition, less ordinary wear and tear, and as approved in writing by CITY. 10. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or brought onto the Property under its absolute and complete control at all times and said equipment shall be used on the Property at the sole risk of LICENSEE. 11. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Property shall be for its sole account and not as an agent, servant or contractor for CITY. 12. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. LICENSEE further agrees to clean-up and remediate any hazardous substance on the Property, and hold CITY harmless from and indemnify CITY against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of CITY, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, 25-16336/377775 7 147 hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 13. NO ASSIGNMENT. LICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 14. NO TITLE INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the Property. 15. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSEE or to CITY at the respective addresses shown below: CITY: City of Huntington Beach ATTN: City Manager 2000 Main Street, 4th Floor Huntington Beach, CA 92648 LICENSEE: Eva Coffee Project LLC (DBA IYKYK! Coffee Lab) 21058 Pacific Coast Highway #170 Huntington Beach, CA 92648 16. NO DISCRIMINATION. LICENSEE agrees that in performance ofthis License Agreement and in the use of the Property area authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 25-16336/377775 8 148 17. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this License Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. 18. ENTIRETY. This License Agreement contains the entire agreement between the parties. This License Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by and through their authorized officers on ____ _,, 2025. LICENSEE: EV A COFFEE PROJECT LLC ITS: ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: ~ 0 /;1~ ==- By~~""\ c-\..:city Manage; Pru,~ . /ij ITS:...,_ ~ ce,..o.-/ Dire to of Community Development (circle one) Secretary/CFO/Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: ~~ 25-16336 /3 77775 9 149 EXHIBIT A 25-16336/377775 IC 150 ~ Trailer - Existing paved walkway • Existing Power Outlet EXHIBIT B 15 1 EXHIBIT C ·:.fl- - rr-1 .. :1·.,., .-~~-~~ . ·• IYKYK! ·:Jirtalll--.. ----. COFFEE LAB f.. ,._'-!. -1 t.:--=::; I I I _Jf --------~-l'>I ~,t ,; ., -\, . .f ., . ~,J..,;t{~ :!. ~ ':~flt'~f' \~; ~ I ,. mr:artLJll:i°Mlli;;r::·· ~~=-"-• ll._ --~_,;::s:::: -r-- ' ,-l,J~ ~ 152 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DAT E (MM/DDNYYY) ~ 511512 025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORD ED BY THE POLICIES BELOW. THIS CERTIFICATE OF IN SURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is a n ADDITIONAL INS URED, the policy(ies) must have ADDITIONAL INSURED provisions or be en do rsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT Certificate Team lnszone In s urance Services, LLC r.~~N,\'_ c-"· 877-308-9663 I rt~ Nol: 916-400-2625 2721 C i trus Road, Suite A i~lJ~ss: certs@.inszoneins .com Ranc h o Cordova CA 957 42 INSURER{S ) AFFORDING COVERAGE NAIC# License#: OF82764 INSURER A: Hartford Insurance Grouo 29424 INSURED EVACOFF-0 1 INSURER B: Am Trust North America , Inc. 22985 Eva Coffee Proje c t LL C INSURER C: 1931 Pine Street Huntington Beach CA 92648 INSURER D : INSURER E: IN SURER F : COVERAGES CERTIFICATE NUMBER: 995743611 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICI ES OF INSURANCE LISTED BELOW H AVE BEEN ISSU ED TO TH E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT W ITH RESP ECT T O WHICH THIS CERTIFICATE MAY BE I SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H EREIN IS S UBJECT T O ALL THE TERMS, EXCLUS IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU C ED BY PAID C L A IMS. INSR ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE , ... ~n lwvn POLICY NUMBER IMM/DD/YYYYl I MM/DD/YYYYI A X COMMERCIAL GENERAL LI ABILITY y 72SBABG4CBX 6{7/2024 6{7/2025 EACH OCCURRENCE S 1,000,000 -:=J CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES IEa occurrence\ S 1,000,000 MED EXP (Any one person) S 10,000 - PERSONAL & ADV INJURY S 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ □PRO-Otoe PRODUCTS -COMP/OP AGG S 2,000,000 POLICY JECT OTHER: s A AUTOMOBILE LIABILITY 72SBABG4CBX 6{7/2024 6{712025 COMBINED SINGLE LIMIT S 1,000,000 IEa accident\ -ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED BODILY INJURY {Per accident) s f--AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE s AUTOS ONLY -AUTOS ONLY IPer accident\ s A X UMBRELLA LIAB HOCCUR 72SBABG4CBX 6{7/2024 6f7/2025 EACH OCCURRENCE S3,000,000 f-- EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I X I RETENTIONS 1n nnn s B WORKERS COMPENSATION QWC1379527 6{7/2024 6{7/2025 I ~~tuTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? {Mandatory i n NH) E.L. DISEASE -EA EMPLOYEE S 1,000,000 If yes, describa under DESCRIPTION OF OPERATI ONS below E.L. DISEASE -POLICY LIMIT s 1,000,000 O,SC"'"°' o, o,e,,no,s ,coc.,,o,s, ~"'"" (''°'° '°'• =mooa, "••~ ~'"'""• •~ ._ "'""~ "••• •~«" ~•••· ~ Re:·101 Walnut Ave., Huntington B each, CA 92648. City or Huntington Bea c h, its officers, e l ected or appointed official s, employees, agents and voluntdM¥~iRQM~Qi~R n19.fJ?i a a ed endorsement. Coverage is primary and contributory per b lanket endorsement number SL 00 00 1 0 18. !;!y: MICHAEL J. VIGLIOTTA C ITY ATTORNEY ---•-~._ _..,._._ nrA.('U CERTIFICATE HOLD ER CANCELLATlbN ~ -. - SHOULD ANY OF T HE ABOVE DESCRIBED POLICIES BE CAN.CELLED B EFORE Ci ty of Huntington Beach, its officers, e lec t ed T HE EXPIRATION DATE T HEREOF, NOTICE WILL BE DELIVERED IN o r appoi nted officials, emp l oyees. agen ts and A CCORDANCE WITH THE POLICY PROVIS IONS. volunteers 2000 Main Street, 4th Street AUTHORIZED REPRESENTATIVE Huntington Beach CA /2 /4.-~ United S t a t es I © 1988-20 15 ACORD CORPORATION. All ri ghts reserved. ACORD 25 (2016103) Th e ACORD name and logo are re gistered marks of ACORD 153 THEl Policy Change: HARTFORD Business Owner's Policy Policy Number: 72 SBA BG4CBX Policy Period: 06/07/2024 to 06/07/2025 Named Insured and Mailing Address: EVA Coffee Proje ct LLC, 1931 PINE ST, HUNTINGTON BEACH, CA 92648-2762 Policy Change Number: 007 Policy Change Effective Date: 05/14/2025, Effective hour is the same as stated in the Declarations Page of the Policy. Coverage Parts Affected: Common Insurer: Hartford Underwriters Insurance Company, a property and casualty company of The Hartford One Hartford Plaza, Hartford, CT 06155 Name of Agent/Broker: INSZONE INSURANCE SERVICES LLC 2721 CITRUS RD SUITE A RANCHO CORDOVA, CA 957 42 Code: 72181292 This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. If you are enrolled in repetitive EFT draws from your bank account, changes in premium will change future draw amounts . • 'Price is subj ect to fees and surcharges Countersigned by: 05/13/2025 Authorized Representative Date Form SC 00061018 Page 1 of2 Process Date: 05/13/2025 © 20 18 , The Hartford Policy Expiration Date: 06/07/2025 (May include copyrighted material of Insurance Services Office, In c ., with its p ermission) 154 Policy Change: THEl HARTFORD Business Owner's Policy The following Additional Insured has been added as an Additional Insured -Managers or Lessors of Premises. Additional Insured Name: City of Huntington Beach, its officers , elected or appointed officials, employees, agents and volunt , 2000 Main Street, 4th Floor, Hunti ngton Beach, CA 92648 101 WALNUT AVE,HUNTINGTON BEACH, CA 92648-5151 Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. SC00061018 POLICY C HANGE Common Premium associated with this Policy Change has pro rata factor 0.065. Form SC 00 0610 18 Page 2 of 2 Process Date: 05/13/2025 © 20 18, The Hartford Policy Expiration Date: 06/07/2025 (May includ e copyrighted material of In surance Services Office, Inc., with its permission) 155 POLICY NO: 72SBABG4CBX BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY QUICK REFERENCE A. COVERAGES Business Liability Medical Expenses Coverage Extension -Supplementary Payments B. EXCLUSIONS C. WHO IS AN INSURED D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 3. Legal Action Against Us 4. Separation Of Insureds 5. Representations 6. Other Insurance 7. Transfer Of Rights Of Recovery Against Others To Us F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS Form SL 00 00 10 18 THE1 HARTFORD Beginning On Page 1 1 2 2 3 12 14 15 15 15 16 16 16 16 18 18 156 HARTFORD BUSINESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we 11 , 11us 11 and "our" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier. The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions. A. COVERAGES 1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension -Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b} The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or Form SL 00 00 10 18 Page 1 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 157 THE1 HARTFORO (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an 11occurrence11 • but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Medical Expenses Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. Coverage Extension -Supplementary Payments a. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Form SL 00 00 10 18 Page 2 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 158 THE1 HARTFORD (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract 0 ; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". Form SL 00 00 10 18 Page 3 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 159 b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" THE1 HARTFORD for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; (3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or (4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2), (3) or (4) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Form SL 00 00 10 18 Page 4 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 160 THE1 HARTFORD This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Form SL 00 00 10 18 Page 5 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 161 THE~ HARTFORO However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Exclusion g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than "unmanned aircraft") or watercraft; (e) "Bodily injury" or "property damage" arising out of: (i) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or (f) An aircraft (other than "unmanned aircraft") that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. Form SL 00 00 10 18 Page 6 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 162 THE;J HARTFORD i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10)Pharmaceutical services including but not limited to: (a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers; (11)Computer consulting, design or programming services, including web site design. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional seivice. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Form SL 00 00 10 18 Page 7 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 163 THE;r HARTFORO (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18 Page 8 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 164 THE1 HARTFORO (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of: {a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or {b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: {i) Infringement, in your "advertisement", of: a. Copyright; b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or c. Title of any literary or artistic work; or {ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". Paragraph {7){b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is: {a) Advertising, broadcasting, publishing or telecasting; {b) Designing or determining content of web sites for others; or {c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; {10)Arising out of the unauthorized use of anothefs name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; {11)Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; {12)Arising out of: {a) Advertising content for others on your web site; {b) Placing a link to a web site of others on your web site; Form SL 00 00 10 18 Page 9 of 22 © 2018, The Hartford {May include copyrighted material of Insurance Services Office, Inc., with its permission) 165 HARTFORD (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or ( d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law; (14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or (16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an 11unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a) Infringement, in your "advertisement", of: (i) Copyright; (ii) Slogan; or (iii) Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of 11advertisement 11 • q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1) Damages because of "bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". r. Employment-Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or Form SL 00 00 10 18 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 10 of 22 166 HARTFORD (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b}, or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard 11 • (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or "suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACT A); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You -Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Form SL 00 00 10 18 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 11 of 22 167 HARTFORD c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included with the "products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1 . If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e . A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2 . Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obliga tion to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, e merg ency medical technician or paramedi c employed by you to provide such services. (2) "Property damage" to property: Form SL 00 00 10 18 Page 12 of 22 © 2018, The Hartford (Ma y include copyrighted material of Insurance Services Office, Inc., with its permission) 168 THE1 HARTFORD (a) Owned, occupied or used by: (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator Of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: Form SL 00 00 10 18 Page 13 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 169 THE;J HARTFORO a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing 11suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 170 THE~ HARTFORD coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1, Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The lnsured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional lnsured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such 11occurrence 1 1, offense, claim or "suit" is known to: Form SL 00 00 10 18 Page 15 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 171 THE1 HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 18 Page 16 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Seivices Office, Inc., with its permission) 172 HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 8. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and ., non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers . When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of th is insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 173 THE;J HARTFORO If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 174 THE;J HARTFORD (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Form SL 00 00 10 18 Page 19 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 175 THE1 HARTFORD (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: Form SL 00 00 10 18 Page 20 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 176 a. False arrest, detention or imprisonment; b. Malicious prosecution; ~ THE"' HARTFORD c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products-completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Form SL 00 00 10 18 Page 21 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 177 HARTFORD 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. 24. "Volunteer worker" means a person who: a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Form SL 00 00 10 18 Page 22 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Temporary Activation of 101 Walnut Avenue License Agreement with IYKYK! Coffee Lab May 20, 2025 178 Request & Project Overview Request: Approval of a License Agreement with EVA Coffee Project LLC (DBA IYKYK! Coffee Lab) Purpose: Temporarily activate a City-owned vacant lot with a seasonal café to enhance vibrancy in the Downtown area during the summer Location: 101 Walnut Avenue – behind Dairy Queen, near Pacific City, in a high foot traffic area Duration: May 24 – October 5, 2025 (optional extension through May 2026) 179 Key Terms Financial Terms: •License Fee: Greater of $1,200/month or 10% of gross revenue •Licensee responsible for all utilities, maintenance, improvements, and insurance Operational Terms: •Operating Hours: Primarily weekends •8 a.m. - 8 p.m. •Weekday operations permitted •All equipment/materials must be removed daily •Licensee responsible for: •Maintaining ADA compliance •Preserving existing metered parking access •Daily maintenance and full site clean-up 180 Site Challenges & Pilot Opportunity Constraints: •Limited long-term development potential due to size, shape, and regulatory requirements •2024 RFP yielded no viable long-term proposals Pilot Program Benefits: •Activates an underutilized Downtown site with minimal City investment or risk •Tests a community-serving use in a low-impact, flexible format •Supports a Huntington Beach-based business •Enhances public space and promotes community interaction 181 Recommendation Approve and authorize the Mayor and City Clerk to execute the License Agreement with EVA Coffee Project LLC (DBA IYKYK! Coffee Lab) 182 Questions? 183 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-321 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:William Janusz, Principal Civil Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Comet Electric, Inc. in the amount of $254,266, for the construction of a traffic signal on Gothard Street at Murdy Fire Station (CC-1672) and execution of change orders Statement of Issue: On April 10, 2025, bids were opened for the construction of a new traffic signal on Gothard Street at the Murdy Fire Station. City Council action is requested to award the construction contract to Comet Electric, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineer’s cost estimate for this project is $327,700 including construction contingency, construction administration and Southern California Edison charges. Funds for the project are budgeted in the Traffic Impact Fee Fund in account numbers 20690022.82700 ($286,734) and 20690020.82700 ($40,966). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Comet Electric, Inc., in the amount of $254,266; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve change orders not to exceed a total of 10% of the contract construction costs. Alternative Action(s): Reject all bids and provide staff with alternative direction. Analysis: City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 184 File #:25-321 MEETING DATE:5/20/2025 The driveway at the Murdy Fire Station, located at 16221 Gothard Street, was identified in the Fiscal Year 2023/2024 Capital Improvement Program (CIP) for signalization improvements. The purpose of the project is to enhance safe and efficient access for fire department vehicles exiting the station. When activated by fire personnel, the new signal will cycle from green to yellow to red on Gothard Street, stopping traffic and allowing emergency vehicles to safely enter the roadway. Bids were opened on April 10, 2025, and are listed in ascending order: Bidder Submitted and Verified Bid 1 Comet Electric, Inc.$254,266.00 2 Elecnor Belco Electric, Inc.$278,888.00 3 Select Electric, Inc.$285,250.00 4 Alfaro Communications Construction, Inc.$296,969.68 5 Ferreira Construction Co., Inc. dba Ferreira Costal Construction $314,192.00 6 PTM General Engineering Services, Inc.$322,223.00 7 Crosstown Electrical & Data, Inc.$322,628.00 8 Baker Electric & Renewables, LLC $358,737.00 9 DBX, Inc.$358,900.00 10 Servitek Electric, Inc.$359,230.00 11 Asplundh Construction, LLC $359,741.90 The total cost of this project is $327,700 as outlined below: Bid $254,266.00 10% Construction Contingency $25,426.00 Construction Administration and Supplementals $41,008.00 Southern California Edison Charges $7,000.00 TOTAL $327,700.00 Staff has reviewed the work experience and references provided by Comet Electric Inc. and determined that their bid is fully responsive to all project requirements. Additionally, staff has found Comet Electric Inc. to be a qualified and responsible contractor. Staff recommends that the Director of Public Works be authorized to approve change orders for this project in an amount not to exceed 10% of the construction bid, which is standard practice for similar projects. Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 185 File #:25-321 MEETING DATE:5/20/2025 Attachment(s): 1. Construction Contract for Comet Electric, Inc. 2. Location Map 3.PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 186 187 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMET ELECTRIC, INC. FOR Traffic Signal on Gothard Street at Murdy Fire Station CC-1672 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and __________ C=-.O=MccE=1~T-'E=• L=E:..cC=--T=--R=IC=, =INc:c:Ccc• ________ __, a ______________ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Traffic Signal on Gothard Street at Murdy Fire Station _____________________ in the City of Huntington Beach; and CONTRACTOR has been selected to petform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cosl and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the \ 6,5195/City Funded Construction Contract.docx -revised 04/2016 188 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECfFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A, This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx ~ revised 04/2016 189 D. The edition of Standard Spec/ficalions for Public Works Construction, published by Builders' News, Inc,, 1080 I National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California Distt·ict Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision ofDPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms ofthc bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx -revised 04/2016 190 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Fifty-Four Thousand Two Hundred Sixty Six Dollars ($ ___ 2_5_4~,_2_66_._0_0_~l, as set f011h in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ----------'f'-"o-'--rt""--______ ( 40 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The pa11ics hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set fo11h in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be pe1formcd and shall have the right to decide the time and order in which the various p011ions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx -revised 0412016 191 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set fotth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should [)PW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal lo the delay due to such unavailability. 5 16-5195/City Funded Construction Conlract.docx -revised 04/2016 192 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract pl'ice to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (I 00%) of the final contract price, including all change orders, to warrant such performance for a period of one (I) year after CITY's acceptance thereof within ten ( l 0) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten ( l 0) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx -revised 04/2016 193 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIOUIDA TED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set fmth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to asce1tain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of _______ ..oSc::ix=l:""Iu"'n"'d"'r'--'e'-=d'--'E"'• 2ig,0hc.=ty"--"'Dc;oc::locla"-r-"-s-------($_-----'6"'8~0~__,) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a fmther period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx -revised 04/2016 194 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by C[TY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by ClTY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to ClTY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause the1·eof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (I) "Change Order" means a document signed by (he CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx -revised 04/2016 195 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 I 6-5 I 95/City Funded Construction Contract.docx -revised 04/20 I 6 196 after receipt of the additional infonnation or within a period of time no greater than the time the CONTRACTOR took to produce the additional infonnation requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen ( l 5) days ofreceipt of the City Engineer's response or within fifteen ( I 5) days of the DPW' s failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remams m dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Pm1 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx -revised 04/2016 197 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time nece·ssary for completion, DPW shall asce1tain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and ifDPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract,docx -revised 04/2016 198 sum as will bring the payments of each month up to one hundred percent (] 00%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Pa1tial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITJES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set fmth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx -revised 04/20 I 6 199 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State ofCalifomia. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has asce1iained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or pmtion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that pa1iicular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has asce1iained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 I 6-5195/City Funded Conslruction Contract.docx -revised 04/2016 200 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or pmtion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx -revised 04/2016 201 (I) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLLRECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and ovetiime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same, CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind ornature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx -revised 04/2016 202 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section l 861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 l 6-5 l 95/City Funded Construction Contract.docx-revised 04/2016 203 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($ I ,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 t 6.5195/City Funded Construction Contract.docx -revised 04/2016 204 26, CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l, Provide the name and policy number of each carrier and policy; 2, State that the policy is currently in force; and 3, Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY, CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set fmth under this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required, CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR ofreceipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contractdocx -revised 04/2016 205 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, tem1inate this Agreement upon the expiratio11 of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. ln no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx -revised 04/2016 206 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no fmther obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole prope,ty at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any paii hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES· RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices, CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx -revised 04/2016 207 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or \J. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN:David Fait 2000 Main Street , Public Works Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: COMET ELECTRIC INC. ATTN: Adam Saitman 21625 Prairie Street Chatsworth CA 91311 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of malers included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx -revised 04/2016 208 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Chatier Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either patty to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx -revised 04/2016 209 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties Iiave no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and constrned in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any patty who has signed it. 42. CONSENT Where CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx -revised 04/2016 210 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the oppmtunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx -revised 04/20 I 6 211 TN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on-~------' 20 __ CONT TO . By: Q__ '\2.o ~-I~ ~O'l'I\Q (print name) ITS: Chairman/ President i(Zc e -Presi deiiD (c ircle one) (print name) ITS: Secretar / Chief Financial Officer Secretary Treasurer (circle one I Asst. 25 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Ca l ifornia Mayor City Clerk / mlTIAT:~JV Director of Public Works REVIEWED AND APPROVED : City Manager APPROVED AS TO FORM: City Attorney 16-5 195/City Funded Construction Contract.docx -revised 04/2016 212 rv· J'~ ~ y:-0 '-1,, ~G <)~ PROJECT ~'°'f-.'. BOLSA AVE. Qo Cf) LOCATION <( f-.'. f-.'. f-.'. u Cf) Cf) Cf) :r: Mc FADDEN AVE. u f-.'. z Cf) _J ~ :::.:::: z <( Cf) I- 0 ::::> :r: 0 Cf) 0 0 <( HEIL 0::: w 0::: z 0::: w <( 3: CD 0 f-.'. Cf) (..'.) _J 3: z >-(..'.) Cf) _J <( 0 w :r: <( _J 0 WARNER § w 0 AVE.~ Cf) <( CD _ _J 0 0 z (..'.) 0::: w a:: <( CD a.. :r: Cf) SLATER I-AVE. 0 <..? TALBERT AVE. PACIFIC ELLIS AVE. '\· ci 0 > _J f-.'. f-.'. f-.'. f-.'. Cf) Cf) Cf) Cf) YORKTOWN AVE. ADAMS AVE. I- Cf) 0::: ::::> INDIANAPOLIS AVE. :r: :::.:::: OCEAN <( 0 0 0 ::J 0 ATLANTA~ 0 0::: 0::: z <( AVE. CD _J <..? :r: 3: Cf) w <( ::::> z ~ CD HAM LTON PROJECT LOCATION MAP FIRE SIGNAL INSTALLATION AT MURDY FIRE STATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 Traffic Signal Installation Gothard Street at the Murdy Fire Station 5/20/2025 213 Project Scope • Traffic signal will be installed to stop traffic on Gothard Street to allow for egress from the fire station • The signal will be activated by fire department personnel 214 Project Budget • Bids opened on April 10, 2025 • Low Apparent Bid is $254,266 • Project Cost Estimate is $327,700 including construction contingency and contract administration • Available Funds: $286,734 in Traffic Impact Fee Account 20690022.82700 and $40,966 in Traffic Impact Fee Account 20690020.82700 ($327,700 total) 215 Project Location 216 r Grr,,-r "'rth C;,-r S;,1,tt Brght9.ar Leeming t Center Gian v ... Harnage Fllb nla~Sof• T [ eo n~ge l V•w col ,lg(t I V EW r Questions? 217 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-358 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Joseph Pinel, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Power Engineering Construction Company in the amount of $353,068 for the Bolsa Avenue Bridge Maintenance Project, CC-1745; approve supplemental construction costs; and authorize 15% in contingency funds Statement of Issue: On April 10, 2025, the City publicly opened bids for the Bolsa Avenue Bridge Maintenance Project (CC-1745). City Council action is requested to award the construction contract to Power Engineering Construction Company, the lowest responsive and responsible bidder. Financial Impact: The estimated project cost is $461,336 which includes the construction contract with Power Engineering Construction Company, supplemental construction costs, and a 15% contingency. The project budget includes $120,781 of Prop 42 funds from Account No. 21985203.82800 and $340,555 from the Measure M fund in Account No. 21390040.82300. Recommended Action: A) Accept the lowest and responsible bid submitted by Power Engineering Construction Company in the amount of $353,068; B) Authorize the Director of Public Works to approve change orders up to 15% contingency in potential construction change orders; and, C) Authorize the Mayor and City Clerk to execute a construction contract with Power Engineering Construction Company in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with direction. City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 218 File #:25-358 MEETING DATE:5/20/2025 Analysis: The Bolsa Avenue Bridge Maintenance Project will extend the service life of the bridge over the Westminster Channel and help prevent more extensive and costly rehabilitation in the future. The project scope includes: ·Removal of the existing one-foot parapet and five-foot fence to be replaced with a traffic-rated three-foot barrier and four-foot fence ·Removal of unsound concrete and patching ·Epoxy injection for concrete cracks ·Replacement of joint seals ·Sidewalk restoration ·Limited cleaning and waterproof painting ·Replacement of water line structural brackets ·Replacement of the water line air vacuum release valve assembly Bid Results (Opened April 10, 2025): Bidder’s Name Submitted and Verified Bid Power Engineering Construction Company $353,068 Leonida Builders Inc.$393,978 Lonerock, Inc.$700,565 Based on the lowest bid received, the total estimated construction cost of this project is $461,336, as itemized below: Item Amount Bid submitted by Power Engineering Construction Company $353,068 15% Contingency $52,961 Supplementals (Deputy inspection, construction administration)$55,307 TOTAL CONSTRUCTION COST $461,336 Funds for this project are available in the current fiscal budget as follows: Prop 42 Acct. 21985203.82800 $120,781 Measure M Acct. 21390040.82300 $340,555 Total Funds Available: $461,336 Staff has reviewed Power Engineering Construction Company’s qualifications and confirms that they have successfully completed similar bridge maintenance projects. Based on their experience and the submitted bid, staff recommends awarding the contract as outlined. The total project cost is estimated to be $461,336, which includes the construction contract, supplemental construction costs (such as construction administration, design engineer services and deputy inspection), and 15% construction contingency. City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 219 File #:25-358 MEETING DATE:5/20/2025 Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031c under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Construction Contract with Power Engineering Construction Company 2. Vicinity Map 3.PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 220 221 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND POWER ENGINEERING CONSTRUCTION COMPANY FOR BOLSA AVENUE BRIDGE MAINTENANCE, CC-1745 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter refe1rnd to as "CITY," and __ -----=.P...::Oc...cW-'-'E=• R=Ec:...:N-=G-=INc::E=E=-=R:.::l=--N:...:G=-C=-0=-N:..:.S:::_T::c.:R:-cU=-C=-T::c.:I:..::O:..:_Nc__C::::.O=M::.::.P"'-"A:.:_N:...:Y'--------' a _____ C_al_rn_o_r_n_ia _____ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as --'-'ree,p,.,l,.ac,,,e'---c"'o'-'n'-'c"-r"'et,,ec,h,,a"r-'-r'-'ie"-r,_, c,,,o"'n.-c_.,r_,,et"'e'--'c"-'r--"a"'ck,,_.,_r_,,ep.,,a.,,i"--rs,,,,_ replace joint seals, replace air vacuum release valve in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and constrnct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and constrnct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fulJy assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Constmction Contract.docx -revised 04/2016 222 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incu1Ted by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based npon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; H. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx -revised 04/20 J 6 223 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 1080 l National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written dcsignec (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision ofDPW, save only at its own risk and expense. Should th('.rt-be: Hny conthct hf'.'.tWf':f7n the terrns of this Aerecrnent an<l the hid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5 l 95/City Funded Construction Contract.docx --revised 04/2016 224 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful perfotmance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Fifty-Three Thousand Sixty-Eight Dollars ($ ___ 3_5_3_:.,0_6_8 __ ~), as set fmth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ______ _ccS~ix"-'t.,_ ______ ( 60 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the perfonnance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in confonnance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a rna!1ller that will facilitate the efficient compiction of the PRO.TECT and in accordance with the terms anrl provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 I 6-5195/City Funded Construction Contract.docx -revised 04/2016 225 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set fmih in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, ftnnish mate1ials and perfom1 all work necessary within the scope of the PROJECT as DPW may require in wiiting. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be perfmmed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, reiiefto CONTRACTOR shali be iimited to a time extension equai to the deiay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx --l'evised 04/2016 226 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its pe1formance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful perf01mance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such perfo1mance for a period of one (I) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or stmctural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an inrlepenrlent contractor and not an cmpioyee oi CITY. CONTRACTOR shali secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 ! 6-5195/City Funded Constrnction Contract.docx -revised 04/2016 227 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services perfo1med hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and dete1mine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of _________ E=ig"h--.t--"-H"'n""n"'d'-'-r"'ed"---------($_----"8""00"-----__,) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may dednct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a fu1ther period of time), notify DPW in writing of the cause of the 7 l 6-5195/City Funded Constrnction Contract.docx -revised 04/2016 228 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the pa1ties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the pait of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the mimber of days CONTRACTOR has thus been delayed, bnt no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (I 5) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subconh·actors will be allowed and an extension oftime for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS .FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. CJ) ''I Jemand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx -. revised 04/2016 229 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; ( d) Any disputes and other matters relating to the acceptability of the work perfom1ed or the interpretation of the Contract Documents; ( e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnonnal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW ( or bis or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occun-ence of the event giving rise to th~ Dernani) The Dernanrl shail he in writing and inciude aii documents necessary lo subslanliale the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to detennine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (l 5) days 9 16-5195/City Funded Constmction Contract.docx -revised 04/2016 230 after receipt of the additional info1mation or within a period of time no greater than the time the CONTRACTOR took to produce the additional infmmation requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failme to respond within the time prescribed, respectively, and request an infonnal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title l of the Government Code. For purposes of those provisions, the running or the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx -revised 04/2016 231 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS lNESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in constrnction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when wan-anted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in constrnction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall asce1tain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings wan-ant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, wiH be paid to CONTRACTOR. When CONTRACTOR bas, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and ifDPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Constrnction Contract.docx -revised 0412016 232 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thh1y-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a ce11ificate signed by DPW, affim1ing that the work for which payment is demanded has been perfonned in accordance with the tem1s of the Agreement and that the amount stated in the certificate is due under the tenns of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15, WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall pem1it the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the tenns of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, al! firms supplying materials Emd a!! subcontrn.etors \.VOrking upon tbrJ 1'KOJECT h~ve been p~.id in full and that there arc no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contractdocx -revised 04/2016 233 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVEROFCLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be perfonned for each craft or type of work needed to execute this Agreement, and the same has been set fo1th by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit l\venty-tive dollars ($25) for each calendar day or p01tion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that pmticular craft or type of work. 18. CALIFORNlA PREVAILING WAGE LAW State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and ove1timc work in the locality in which the work is to be perfo1111cd for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 l 6~5195/City Funded Construction Contract.docx -revised 04/2016 234 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its herew1der, shall not require more than eight (8) hours of labor per day or forty ( 40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in com1ection with the PROJECT. B. Pursuant to th!s Agreen1ent and m accordance with Caii.fornla T .~i)0r Cod~ Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for eaeh calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 I 6-5195/City Funded Constmction Cnntract.docx -revised 04/2016 235 (I) calendar day or forty (40) hours in any one(!) calendar week in violation ofCalifomia Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section I 777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLLRECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each joumeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx -revised D4no 16 236 arising directly or indirectly out of the obligations or operations herein unde1taken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subconh·actors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing perfonnance of the work hereunder. CONTRACTOR shall obtain and fornish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for aII of the subcontractors' employees. CONTRACTOR shali furnish to CiTY a certificate of waiver of subrogation under the ie1ms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx -revised 04/2016 237 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily iqjury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a fo1m which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall he available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of C.ITY; however an insurance policy ••cteductiblc~1 of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Constrnction Co11tract.docx -revised 04/2016 238 26, CERTIFICATES OF INSURANCE· ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thiriy (30) days' prior w1itte11 notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NUTICEOF IHJIUJ!'AK(Y LLf\JM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises 0L1t of performance of this agreement within ten (! 0) days of receipt of such claim or claims. 18 16-5195/City Funded Constrnction Contract.docx •~ revised 04/2016 239 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrnpt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to te1minate this Agreement. Unless the violation is cmed within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, tenninate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such tennination shall be converted to a te1mination for convenience nnder Section 29 and any damages shall be assessed as set forth in Section 29, 29. TERMINATION FOR CONVENIENCE CITY may tenninate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of te1111ination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the tenuination period less aii such payments aiready made. In case of such rerminarion for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such tennination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx -revised 04/2016 240 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be perfo11ned hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole prope1ty at no fmther cost, 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work perfonned pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($ i 00) for every Stop Notice flied in excess of two (2), regardless of whether or not CiTY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incun-ed against any snm or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx -revised 04/2016 241 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent ( as designated in Section 1 hereinabove) or to CITY as the situation shall watTant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight ca1Tier or U.S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN:Eduardo Cerda 2000 Main Street , Public Works Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: POWER ENGINEERING CONSTRUCTION B ATTN: Hilary Tigue 1501 Viking Street, Suite 200 Alameda, CA 94501 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative ofmaters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Constmction Contract.docx -revised 04/2016 242 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the te1ms and/or provisions of this Agreement or to secure the perfmmance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF TffiS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, iilegai or invaliU, such huIJing shall nut invalidate or affect the ren1aining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent llpon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Constiuetion Contraet.docx ~ revised 04/2016 243 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, i1Tcspective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an 01iginal instrument as against any paity who has signed it. 42. CONSENT Where CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occu1Tence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or tennination of this Agreerntnl shaU isu :survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5 ! 95/City Funded Construction Contract.docx -revised 04/20 ! 6 244 45. SIGN A TORIES Each undersigned represents and waffants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injw-ies or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The paities acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive aim's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, wainnty, fact or circumstance not expressly set f01th in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Constrnction Contract.docx -revised 04/2016 245 IN WITNESS WHEREOF, the parties hereto hav e caused this Agreement to be executed by and through thei r authorized officers 0111'2<½. \ ]Jo ITS: Chairman ~ice-President (circle 011e) AND (print name ITS: Secretary / Chief Fi nancia l Offic€1>'\.sst. Secretary / Treasure1:-- (circ/e one) 25 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITlA TED AND APPROVED: ~ks REVIEWED AND APPROVED: c' City-'l:lir= APPROT AS TO FORM: \ l~~ v City Attorney 16-5 l 95/City Funded Constrnction Conlract.docx -revised 04/20 16 246 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYYJ ~ 5/1/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may re quire an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~~i~cT WalnulCreekAMS Heffernan Insurance Brokers P1j~NE -", 925-934-8500 l r,e~ Nol: 925-934-8278 1350 Carlback Avenue Walnut Creek, CA 94596 ~J·liAJ~ss: WalnulCreekAMS/iilheffins.com INSURER/SI AFFORDING COVERAGE NAIC# License#: 056A?A9 INSURER A: Starr lndemnllv & Liabllltv ComDanv 38318 INSURED POWEENG-03 INSURER B: United Stales Fire Insurance Comnanv 2 1113 Power Eng ineering Construction C o. INSURER c: Illinois Union Insurance ComDanv 27960 1501 Viking S treet, Suite 200 INSURER D : The Insurance ComDanv of the State of PA A la m eda, CA 94501 19429 INSURERE : INSURERF: COVERAGES CERTIFICATE NUMBER· 37305154 REVISION NUMBE R· THIS I S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESC RIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,liSMi~ ,t;SM%~, LIMITS LTR TYPE OF INSURANCE I noon lu ••n POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y MASILSF00008124 8/1/2024 8/1/2025 EACH OCCURRENCE S 1,000,000 -D CLAIMS-MADE 0 OCCUR ~~•~~iJ9/.~J~?.ncol S 50,000 >--- MED EXP (Any one person) S5,000 PERSONAL & ADV INJURY >---s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 Fl 0PRO-D Loc PRODUCTS· COMP/OP AGG S2,000,000 POLICY JECT OTHER: EMPLOYEE BENEFITS S 1,000,000 B AUTOMOBILE LIABILITY 1337571468 8/1/2024 8/1/2025 ~~~!=~~ir'NGLE LIMIT S 1,000,000 - X ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED AUTOS ONLY AUTOS BOOIL Y INJURY (Per accident) s X HIRED X NON-OWNED rp~~:~~1:';,~AMAGE s AUTOS ONLY -AUTOS ONLY X Como/Coll X Oed: 5,000 s A UMBRELLA LIAB ,~ OCCUR MASILSF00008224 8/1/2024 8/1/2025 EACH OCCURRENCE S4,000,000 - X EXCESS LIAB CLAIMS-MADE AGGREGATE S4,000,000 OED I X I RETENTIONS n s D WORIIERS COMPENSATION y WC065437345 10/1/2024 10/1/2025 X l ~¥~TUTE l I OTH-ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ N IA E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE S 1,000,000 gl;t~i'l~rr8~ in:~PERATIONS below E.L. DISEASE -POLICY LIMIT S 1,000,000 C PolluUon Llabllily CODG22085039020 8/1/2024 8/1/2025 Ea. Occ/Agg/SIR $5M/$5M/$25,000 C Professlonol Llablllly COOG22005039020 8/1/2024 0/1/2025 ~=: gi~:-99/SIR $2M/S2M/$25,000 A Hull & Moch/Prol. & Ind/Jones Act MASILSF00008124 8/1/2024 8/1/2025 $1M/$5,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addlltonal Romarks Schedulo, may be allachcd If more spaco Is required) (COi) Re: License #A321628, City of Huntington Beach, P.O. Box 190 Hu ntington Beach, CA 92648-2702., Balsa Ave Bridge Maintenance Project. City of Huntington Beach, its officers, elected or appointed officials, employees, agen ts and volunteers are included as an additional insured ( rimary and non-contributory) Includes completed operations on General Liability policy per altached endorsements, i f required. Cancellation notic endorsement for the General Liabillly policy i s altached, If required. Waiver of Su brogation is included on Workers ComAPPR\i,ve~CX~ElfljW~ n orsemenl, if required. CERTIFICATE HOLDER I C ity of Huntingto n B each 2000 Main S t reet P .O. Box 190 H untington B each , CA 92648 ACORD 25 (2016/03) l:}v: MICHAEL J. VIGLIOTTA CANCELLATION CITY ATTOANE.'I CITY OF HUNT1111u fUN °~,....,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1 988-2015 ACORD CORPORATION. All rights reserved. Th e ACORD name and logo are registered m arks of ACORD 247 AGENCY CUSTOMER ID: ________________ G_O_N_S_H_1 LOC#: .~ ACORD" ~ ADDITIONAL REMARKS SCHEDULE AGENCY POLICY NUMBER SEE PAGE 1 CARRIER I: NA(CCODE SEE PAGE 1 SEEP 1 ADDITIONAL REMARKS THIS ADDITlONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Uabililv Insurance Complete Umbrella Policies Information Policy Term 8/1/2024 to 8/1/2025 1ST LAYER UMBRELLA -Limit: $4,000,000 NAMED INSURED Power Engineering Construction Co. 1501 Vikins Street, Suite 200 Alameda A 94501 United slates of America EFFECTIVE DATE: SEE PAGE 1 Starr Indemnity & Liability Co. (NAIC 38318) Policy# MASILSF00008224 2ND LAYER UMBRELLA -Limit $5,000,000 x $4,000,000 Endurance Risk Solutions (NAIC 43630) Polley# OMX10015029504 Ascot Insurance Company (NAIC 23752) Policy# MAXS241000164205 3RD LAYER UMBRELLA -Limit: $5,000,000 x $9,000,000 Starr Indemnity & Liability Co. (NAIC 38318) Policy# MASILSF00008224 4TH LAYER UMBRELLA-Limit: $10,000,000 x $14,000,000 Liberty Mutual Insurance Company (NAIC 27154) Policy# SFABUABS006 Starstone National Insurance (NAIC 25496) Policy #U83436230MAR Policy Term 09/20/2024 to 08/01/2025 5TH LAYER UMBRELLA -Limit: $25,000,000 x $24,000,000 30% U.S. Specialty Insurance Co (NAIC 29599) Policy #CXS12643094 30% Starstone Insurance Polley# V78440241MAR 20% Endurance Risk Solutions Assurance Co. (NAIC 43630) Policy #OMX10015250102 20% Liberty Mutual Insurance Co (NAIC 23043) Policy# SFACCBL 1003 Page 1 of 1 ACORD 101 (2008/01) © 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD 248 EFFECTIVE: 12:00 A.M., March 271 2025. ATTACHED TO AND FORMING PART OF POLICY NO. MASILSF00008124. OF THE: STARR INDEMNITY & LIABILITY COMPANY. ISSUED TO: Powel' Engineel'ing Constl'Uction Company, ET AL. ADDITIONAL ASS URED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERA TIO NS The "Who is an Assured" provision is amende d lo include as an additional assured the pcrson(s) or organizalion(s) named below, but only with respect to liability for "bodily injury" or "prope11y damage" caused, in whole or in part, by "the Assured's work" al the location designated and described in the schedule below performed for that additional assured and included in the "products- completed operations hazard". Additional Assu1·cd: City of Huntington Beach, Its officers, elected or appointed officials, employees, agent s and volunteers Location and Description of Completed Operations: Re: LlcenseffA321628 Bolsa Ave Bridge Maintenance Project P.O.Box 190 Huntington Beach, cM1i6@'HER TERI\IS, CONDITIONS, LIMIT,\ TIONS AND EXCLUSIONS REl\fAIN UNCHANGED. AUTHORIZED SIGNATURE STARR INDEMNITY & LIABILITY COMPANY 249 ENDORSEMENT NO.: EFFECTIVE: 12:01 A.M., AUGUST I, 2024 ATTACHED TO AND FORMING PART OF POLICY NO.: MASILSF00008124 OF THE: STARR INDEMNITY & LIABILITY COMPANY. ISSUED TO: POWER ENGINEERING CONSTRUCTION COMPANY. ET AL PRIMARY AND NON-CONTRIBUTORY INSURANCE II is understood and agreed U1at, when required by a written coutmct, U1is policy shall be the principal covemge as respects the liabilities of the Na med Assured and any oilier insurance can-ied by an Add itional Assured shall not be contributo1y as respects the liabilities of the Na med Assured, nor shall the Additional Assured be responsible for any premium hereunder. ALL OTHER TERMS, CONDITIONS, Ll~fiTATIONS AND EXCLUSIONS REMAIN UNCHANGED. Power Engineering Construction Company, Et Al Policy No: MASILSF00008123 Pa i; e I 39 Commercial Marine Liability August 1, 2023 250 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when thls endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10/01/2024 Issued to POWER ENGi NEER I NG CONSTRUCT I ON CO, forms a pa,t of Policy No. WC 065-43-7345 By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization, The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation plBmium for this policy. we 04 03 61 (Ed. 11/90) Countersigned by Authorized Representative 251 ,25086% per $100 of gross receipts up to $201000,000, rcdudug to .20893% per $100 of gross rccci11ts over $20,000,000 (based on estimated m1trnal "gross receipts" of$56,000,000 ex OCIP projects) and applied against the minimum earned and deposit premium until same is exhausted, following which all fiuther earned premium shall be due any payable to this Company at time of filing the report on which the earned premium is due. This Company shall have the right of set off against the c!aims payable under this policy of any premium due hereunder. It is agreed that the annual mininmm earned premium hereunder shall be $100,300.00. JV. LOCATIONS: Property, facilities, and offices of the Assured(s) that are owned, rented, leased or occupied and are insured hereunder: 1. 1501 Viking Street, Suite 200, Alameda, CA 94501 2. Piel' 23, Port of S:m Francisco, San Francisco, CA 94111 3. 101 The Embarcadero, #104 and #123, San Francisco, CA 94105 4, 1020 Clinton Street, f/200, Napai CA 94558 V. COVI(RAGE TERRITORY: This insurance applies only to Bodily injury or Property Damage which occurs wilhin the coverage territory. Vl. CANCELLI\T[ON: This policy may be canceled by the First Nmned Assured by mailing to the Company written notice when thereafter such cancellation shall be effective. This policy may be canceled by the Company by mailing to the First Named Assured at his last known address written notice stating when, uot less than lhirlY nm days thereafter, such cancellation shall be effective; except in event of non payment of premium, only .lC.u..!l!ll days notice in writing to the First Named Assured is required. Such notice sent to the First Named Assured in the care of the broker or agent who negotiated this policy shall have the same effect ::is if sent directly to the first Named Assured. If cancellation is at the Assured's option, the Company wil! return a "sbort-nHe return premium"; if cancellation is at the Company1s option, pro rnta u11earned premium will be returned as soon as practicable. VIL PARAMOUNT EXCLUSIONS: The following exclusions slwH be paramount and shall override anything contained in this policy inconsistent therewith: a. Asbestos Exclusion In consideration of the premium charged, it is agreed that this policy shall not apply lo any liability for bodily injury or properly damage, including loss of use thereof, arising out of the manufacturing, processing, handling, distribution, sale, application, removal or use of asbestos, 01' asbestos related product(s). b. Directors ond Officers Fxdusiou It is understood and agreed that coverage afforded by this policy shalt not apply to any director and/or officer of the Assured by reason of any wrongful act committed in their capacity as a director and/or officer of the Assured. It is further agreed that the term "wrongf-i.tl actu shall be defined as, bul not limited to, any breach of duty, neglect, error, misstatement, misleading statement, omission or other act actually done or attempted by a director and/or officer claimed against them solely by reason of their capacity as such. c. Rnmlovmcnt-Rch,tcd Prnrtkes Exclusion lt is understood and agreed that this iusurance shall no! cover: "Bodily Injury" arising out of ,my refusal to crnploy, lcrminalion of employment, coercion, demotion, evaluation, re-assignment, discipline, defamation, harassment, humiliation, discrimination or other employme11t-rclated prac!ices, policies, acts or omissions or consequential "bodily injmy" as a result oftbe above. Power Engineering Constrnction Company, Et Al Polley No: MASJLSF00008124 252 ENDORSEMENT NO.: EFFECTIVE: 12:01 A.M., AUGUST 1, 2024 ATTACHED TO AND FORMING PART OF POLICY NO.: MASILSF00008124 OF THE: STARR INDEMNITY & LIABILITY COMPANY. ISSUED TO: POWER ENGINEERING CONSTRUCTION COMPANY, ET AL. BLANKET PER PROJECT AGGREGATE LIMIT ENDORSEMENT ll is hereby unders tood and agreed that in consideration of additional pre mium lo be assessed, a per project a ggregate limit will be provided for the Named Assured's behalf when required by contract. Prior to attachment of any per project aggregate limit, Unde1writers will receive the infonnation necessa 1y to assess the project in question, and charge a corresponding additiona I pre mium. Further, this policy must be endorsed separately for each per project aggregate limit afforded by this policy. ALL OTHER TERI\IS, CONDITIONS, LIMITATIONS AND EXCLUSIONS REI\IAIN UNCHANGED, Powel' Engineering Construction Company, Et AI Policy No: MASILSF00008123 I' n ~ c I 83 Commercial Marine Liability August 1, 2023 253 ENDORSEMENT NO.: 8 EFFECTIVE: 12:01 A.M., AUGUST 1, 2024. ATTACHE D TO AND FORMING PART OF POLICY NO.: MASILSF00008124. OF THE: STARR INDEMNITY & LIABILITY COMPANY. ISSUED TO: POWER ENGINEERING CONSTRUCTION COMPANY, ET AL BLANKET ADDITIONAL ASSURED A ND WAIVER OF SUBROGATION ENDORSEMENT It is agreed t ha t the Company waives it s rig ht of su brogation against any p e rson or o rganiza ti o ns to w ho m the Name d Assured is obli gated b y writt e n c ontrac t to provid e su ch waiver, but o nly to th e extent o f su ch o blig ation and o nly w ith r espec t to operatio n s b y o r on b e ha lf of the Named Assured or to the fac ilities of o r used by the Nam ed Assure d . It is further agreed tb at to the extent that the Na med Assured is obligated by writte n contrac t to na m e any person or organi zat ion a s ad ditio nal assured s he re u nd e r, th e Company ag rees th at s uch p e rsons o r organ izatio ns s ha ll be cons ide re d as Additio na l Assured s but o nly w ith respect lo operati o ns performed by o r o n b eha lf of the Nam ed Assu red o r to the faci liti es o f or used by th e Named Assure d . ALL OTH E R T ERMS, C O NDITIONS, LIM ITATIO NS AN D EXC LUS I ONS R EI\IAI N UNCHANGED. Power E ng ineering Cons ll'U clion Company, E t Al Policy No: MASILS F000081 2 4 11 a g C I 38 C ommercial Marine Liability A ug ust 1, 2024 254 !I •--------------1 ' ...J \ \ Ho il<9W I cl) ' Aczrl>m}'I "' ' -0 l m I i I w L --------- I ' I ' I ' I ' I ' I ' I ;a Av 1~----------.,__...:, ___ _,,:;f:ln:;,;;l;;•"~A;;""-~--... !"'""-------il ll ___ , l ~u,~ , (i! Hgh Scroql I D1ttnctOffc1> ,,· I ,., i ll----,.:...--...:A;;:"'1;,:;::o;;.•Y.;A.;;';.;"~----4 l I I I ' I \ ' len Av t j i ' 1 ' l I ' I ' J l,,\of actt.n Avu MunnaHg h M .. 1'll'k '""'"'" 1,1..-~ht B'• ~,-,: h !:_ltf..J.!): ,. C Fted Schroeder Sc~ro'3d< r Crd,V,ew Bolsa Ave Bridge Maintenance CC-1745 May 20, 2025 City Council Meeting 255 Project Location Map Bolsa Ave Bridge 256 Bolsa Ave Bridge •Year Built: 1963 •Box culvert-type bridge •Preventative bridge maintenance needed to extend life and reduce cost 257 Scope of Work •Removal of existing parapet wall and fence; replace with new barrier and fencing •Removal of unsound concrete, epoxy injection and restoration of concrete cracks •Removal and replacement of joint seals, sidewalks, structural water line brackets and vacuum equipment •Paint and waterproof 258 Funding •Power Engineering Construction Bid: $ 353,068 •15% Contingency:$ 52,961 •Supplemental Costs:$ 55,307 $ 461,336 Current Funding •Prop 42: $120,781 •Measure M:$340,555 $ 461,336 259 Questions? 260 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-382 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Bob Stachelski, Traffic and Transportation Manager Subject: Approve and authorize execution of a Right-of-Way Contract with the Orange County Transportation Authority and a Joint Use Agreement with Southern California Edison to facilitate the relocation of electrical facilities related to the I-405 Improvement Project Statement of Issue: As part of the I-405 Freeway Improvement Project, the Orange County Transportation Authority (OCTA) acquired property from Southern California Edison (SCE) to facilitate the construction of the freeway improvements between the intersection of Heil Avenue and Landau Street, along the south side of the I-405 freeway towards Magnolia. The existing overhead power lines within the SCE property needed to be moved and placed underground in Savoy Circle and Landau Lane. The relocation requires a Joint Use Agreement between the City and SCE and an agreement between the City and OCTA for terms related to the use of the land. Financial Impact: Finalizing the agreement will result in a payment of $104,860 by OCTA to the City. Funds will be deposited in the Infrastructure Fund 31400314.46410 account. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a Right-of-Way Contract with Orange County Transportation Authority; and, B) Approve and authorize the Mayor and City Clerk to execute a Joint Use Agreement with Southern California Edison. Alternative Action(s): Do not execute the agreements and direct staff accordingly. Analysis: City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 261 File #:25-382 MEETING DATE:5/20/2025 The Orange County Transportation Authority (OCTA) acquired property from Southern California Edison (SCE) to support construction of the I-405 Freeway improvements, specifically between the intersection of Heil Avenue and Landau Lane, along the south side of the I-405 freeway extending toward Magnolia Street. As part of the project, existing overhead power lines within the SCE-owned property needed to be relocated underground along Savoy Circle and Landau Lane to continue providing electrical service to area residents. To facilitate the relocation, the City negotiated a Joint Use Agreement (JUA) with SCE. The JUA outlines the conditions, rights, and responsibilities of both the City and SCE in connection with the relocation of facilities, as well as the ongoing maintenance and operation of electrical and City infrastructure located both above and below the roadway. As the agency responsible for acquiring property rights on behalf of SCE, OCTA collaborated with the City to develop a Right-of-Way Contract, which defines the terms and compensation owed to the City for the altered use of public right-of-way. It also addresses the possibility of future costs should the City need to relocate its facilities to accommodate SCE infrastructure. The contract provides a total compensation of $104,860, to be paid to the City upon full execution of all related agreements. Staff has reviewed the agreement and believes the compensation is appropriate, considering the limited level of City risk associated with the Right-of-Way Contract. The Joint Use Agreement will remain in effect in perpetuity, with no specified termination date. Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Right-of-Way Contract with Orange County Transportation Authority 2. Joint Use Agreement with Southern California Edison 3. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 262 263 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDE1\"'TlAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 1-405 IMPROVEMENT PROJECT Portions of Savoy Circle and Landau Lane Huntington Beach, CA 92647 103403-1 N/A Property Address Parcel No, APN. STPLN-6212 (018) N/A Federal Project No. Escrow No. Title Order No. RIGHT-OF-WAY CONTRACT The City of Huntington Beach, a municipal corporation (hereinafter, "Granter"), holds a possessory interest in streets thereon located on portions of Savoy Circle and Landau Lane, in the City of Huntington Beach, California (the "Property"). The Orange County Transportation Authority (hereinafter, "OCTA"), in cooperation with the State of California Department of Transportation is constructing an improvement to Interstate 405 to increase freeway capacity, improve traffic and interchange operations and enhance road safety (the "Project") which requires the relocation of specified facilities owned by Southern California Edison ("SCE Facilities") which are currently in private property in part by way of easement. A Joint Use Agreement (hereinafter "JUA") is needed over a portion of the Property for the relocation of the SCE Facilities. Document No. 103403-1 in the form of a JUA being granted directly to the Southern California Edison Company, a corporation ("SCE"), covering the property interest as described and depicted in Exhibits "A1" and "A2" is attached as Exhibit "1" hereto and incorporated herein by this reference (the "Property Interest"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. 2. (A) The performance of this Right-of-Way Contract (hereafter, "Agreement") constitutes the entire consideration to be provided to Granter and shall relieve OCTA of all further obligations or claims on this account, or on account of the location, grade or construction of the Project or relocation of the SCE Facilities. (B) OCTA requires said Property Interest for the Project, a public use for which OCTA has represented it has the authority to exercise the power of eminent domain. (C) Both Granter and OCTA recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interest by eminent domain litigation. The compensation set forth herein for the Property Interest is in compromise and settlement, in lieu of such litigation. (A) OCTA shall pay Granter the sum of One Hundred Four Thousand Eight Hundred Sixty Dollars and Zero Cents ($104,860.00) for the Property Interest within five (5) business days of the recording of the JUA. (B) It is agreed by and between the parties hereto that the amount in Clause 2(A) above includes the sum of Six Thousand Eight Hundred Forty Dollars and Zero Cents ($6,840.00) for the Property Interest and Ninety-Eight Thousand Twenty Dollars and Zero Cents ($98,020.00) for Grantor's assumption of the possible cost liability risk for the relocation of utility facilities arising out of the grant of the JUA. Page 1 of 5 264 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains persona! information, and pursuant to Civil Code section 1798.21, it sha!l be kept confidential in order to protect against unauthorized disclosure. 3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it possesses exclusive use of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against OCTA and the State of California, Department of Transportation (hereinafter, individually and collectively, "Releasee") by reason of the acquisition of the Property Interest, including, but not limited to, any costs that Grantor may incur in relocating utility facilities installed pursuant to the grant of the JUA, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasee and any and all of Releasee's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following: pre-condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interest and further waives all attorney's fees, costs, claims to money on deposit, disbursements and expenses in connection with the dismissal of said proceeding. 4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interest and grant of the JUA, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein: (A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the City of California, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." (B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice. 5. Any monies payable under this Agreement shall be made payable to the City of Huntington Beach. Page 2 of 5 265 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 6. Grantor represents and warrants that it holds a possessory interest in the Property and has the right to convey the Property Interest to SCE. Grantor will defend and indemnify OCTA, its successors and/or assigns against any and all claims, demands, causes of action filed against OCTA, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof, which would interfere with the Property Interest. Grantor represents and warrants that it will defend and indemnify OCTA, its successor and/or assigns in the amount of any due and unpaid real property taxes, assessments, liens and any penalties and delinquencies on the Property. Grantor represents and warrants that it has made no assignment of any interest in the Property Interest. 7. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property Interest and Grantor agrees to defend and indemnify and hold OCTA harmless and reimburse OCTA for any and all of its losses and expenses occasioned by reason of any lease of said Property Interest held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee that has a lease term exceeding one month. 8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements: None. Grantor agrees that it is not entitled to compensation for any improvements because there are no improvements located within the areas of the Property Interest being purchased pursuant to this Agreement. 9. Reserved. 10. Reserved. 11. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to Grantor's remaining property by reason of the Property Interest conveyed herein. This release is not intended to extend to any physical damage caused by the use of Property Interest. 12. Reserved. 13. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Property Interest by OCTA or SCE, shall not commence prior to the date the amount of funds as specified in Clause 2(A) herein are paid to Grantor. 14. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To Granter: City of Huntington Beach Attn: 2000 Main Street Huntington Beach, CA 92647 Page 3 of 5 266 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT To OCTA: 550 South Main Street Orange, CA 92863-1584 Attn: Joey Mendoza CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 15. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees. 16. It is understood and agreed that the fully executed JUA shall be recorded in the Recorder's Office for the County of Orange. 17. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 18. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 19. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 20. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 21. The Parties to this Agreement shall, pursuant to Section 21.?(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 28 C.F.R. Section 50.3. 22. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of , or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement. 23. This Agreement may be subject to approval by OCTA's governing Board of Directors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK S/GNA TURE PAGE FOLLOWS Page 4 of 5 267 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT CONFIDENTIAL This document contains personal information, an d pursuant lo Civil Code section 1798.2 1, it sh all be kept confidential in order to protect against unauthorized disclosure. In Witness Whereof, the parties have executed this Agreement on the day and year set forth below. GRANTOR CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION By: ________________ _ DATE Its: APPROVED AS TO FORM: By: ________________ _ Mike Vigliotta City Attorney DATE ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________ _ James G . Beil DATE Executive Director, Capital Programs APPROVED AS TO FORM: By: ________________ _ James Donich DATE General Counsel Orange County Tran sportation Authority Page 5 of 5 268 ORANGE COUNTY TRANSPORTATION AUTHORITY RIGHT OF WAY CONTRACT Exhibit "1" Joint Use Agreement (Document No. 103403-1) Page 6 of 5 CONFIDENTIAL This document contains personal information, and pursuant to Clvil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 269 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91768 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX$: NONE {VALUE DISTRICT WORK ORDER SERIAL NO MAP SIZE AND CONSIDERATION LESS THAN §100.00} Huntington Beach 801760677 72133A 043-090 SCE Company F!M: 41-9A APPROVED V&LM " DATE SIG. OF OECLARANT OR AGENT DETERMINING TAX FIRM NAME APN: 107..651-20, 23, 24. SCE lAW Apprnved SF/WJM/CK 03/17/2025 25 and 26 C<K JOINT USE AGREEMENT AFFECTSSCE DOCUMENTS 193583 THIS AGREEMENT, made and entered into this day of _________ , 20_, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter called "City", W IT N E S S ET H: WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights: That certain Grant of Easement recorded April 12, 1961, as Instrument No. 7989, in Book 5689, Page 103, of Official Records, in the Office of the Orange County Recorder, hereinafter referred to as "Company's Easement"; and WHEREAS City has acquired easement rights for a public street for the construction and/ or improvement of Landau Lane and Savoy Circle in said City, County of Orange, State of California, hereinafter referred to as "street right of way", as shown on the print attached hereto, marked "Exhibit Al" and hereby made a part hereof; and WHEREAS, the Orange County Transportation Authority ("OCTA") requested Company to relocate its existing aerial utility facilities out of the Company Easement area and into an underground location within the street right of way, at OCTA's expense; WHEREAS, Company is unwilling to relocate out of Company's Easement into the street right of way without certain assurances from City, including those related to the costs of future relocations and/or rearrangements of Company's facilities; and WHEREAS, among other things, City has agreed to pay for future relocations and rearrangements of the Company's facilities to be placed in the street right of way should the City's use of the street right of way require such relocations and/ or rearrangements. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows: Company agrees to rearrange, relocate and reconstruct any of its facilities heretofore or now installed pursuant to Company's easement within the street right of way. 270 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 Company has and reserves the right to use, in common with the public's use of said street, said new location for all of the purposes for which Company's easement was acquired, including the ability to install, operate and maintain underground electric facilities. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in the new location where such work will obstruct traffic and shall obtain permits, as necessary. In all cases, Company shall exercise due care for the protection of the traveling public and adjacent/nearby City utilities. In the event that the future use of the street right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in the street right of way, City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice. Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public and adjacent/nearby City utilities. The parties will work together to identify a suitable replacement location for Company's facilities within the street right of way. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within street or highway rights of way. City agrees to indemnify, defend and reimburse Company for any loss Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within the street right of way, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence. Company agrees to indemnify and hold harmless the City and its officers from all liability for damages proximately resulting from Company's use and enjoyment of the rights set forth herein. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of the street, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense. In the event that Company determines there is a need for Company to trim City trees or tree roots in connection with normal or routine maintenance and repair of Company's facilities within the street right of way, Company must obtain a City encroachment permit for such work. However, in the event of an emergency, defined as the need to trim City trees or tree roots to prevent an electrical outage, Company shall be allowed to trim City trees or tree roots and notify City of such emergency after such work. Any removal 1 trimming or topping of vegetation, brush, tree or trees which may grow in the street right of way and which, in the opinion of Company, may endanger or interfere with the proper operation or maintenance of Company's facilities, shall be limited to the extent reasonable and necessary to prevent any such interference or danger. -2- 271 JOINT USE AGREEMENT S .C.E. Co., a corp., to The City of H u ntington Beach Serial No. 72133A Affects SCE Docu ment(s): 193583 This agreement shall inure to the ben efit of and be binding u p on the Company and the Ci ty and their respective successors and assigns. IN WITNESS WHEREOF, the p arties he r eto have caused this agreement to be executed in duplicate by their respective offic e r s t h ereunto d u ly a u thor ized, as of the day and year her e in first above written. -3- SOUTHERN CALIFORNIA EDISON COM PANY, a cor B y : ' . s & Facilities Ad visor Land Management South ern Region Vegetation & Land Managemen t CITY OF HUNTINGTON BEACH, a municipal corporation o f the State of California May o r City C lerk IN ITIATED AND APPROVED : Public Works Director REVIEWED AND APPROVED: City Manager APPRO VED AS TO FORM: Ci ty Attorney 272 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California On 3/2-) /7--'> before me, :') i'""""'i T.sc<'<va,u a Notary Public, personallyappeared l'\\~v,e-e,\ J· 1,J;11;"'"":'i , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 7~ ~- ~· ··········1 • JIMMYTISCARENO _ ~.... Notary Public• California I .., Los Angeles County ! ,. Commission# 2-495138 - My Comm, E.xplres Ju! 21, 2028 -4- 273 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ _, On __________ before me, ______________ _, a Notary Public, personally appeared. _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ -5- 274 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ _ On __________ before me,--------------~ a Notary Public, personally appeared. _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ -6- 275 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ ~ On __________ before me,_______________ a Notary Public, personally appeared~--------------------who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ -7- 276 EXHIBIT Al PARCEL# TITLE II ! I I ! N/A JOINT USE AGREEMENT State Jurisdiction Line Access Prohibited Proposed JUA Easement NOTES The distances shown herein ore grid distances. Ground distances may be obtained by dividing grid distances by the combination factor of 0.99997837. ( AREA 3298 SF ) - APN PORTION OF LANDAU LN. ANO SAVOY CIR. / 6' WIDE ELEC ESMT ',✓ IN FAVOR OF SC.EC ', ' REC. 04/12/1961, ', ', PER 5689/103 O.R. ),, ' DETAIL 'A' NTS INOICA TES RECORD INFORMA T/ON PER REL 553-555 PARCEL 16 BOOK 4, PAGE 49 OF HIGHWAY MAPS SERIAL 72133A JOINT USE AGREEMENT FEET 0 25 50 100 200 PREPARED BY: DAT£, 07-30-2020 REV.: EA: PSOMAS 3 Hutt-on Centre Drive, Ste, 200 [frJf1sAt-073~~~\;~~l~~s:11i1 (Fox) DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 1 2 ORANGE 405 15.49 277 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91768 ATTN: TITLE & REAL ESTATE SERVICES SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX$: NONE {VALUE DISTRICT WORK ORDER SERIAL NO MAP SIZE AND CONSIDERATION LESS THAN §100.00} Huntington Beach 801760677 72133A 043-090 SCE Company F!M: 41-9A APPROVED V&LM " DATE SIG. OF OECLARANT OR AGENT DETERMINING TAX FIRM NAME APN: 107..651-20, 23, 24. SCE lAW Apprnved SF/WJM/CK 03/17/2025 25 and 26 C<K JOINT USE AGREEMENT AFFECTSSCE DOCUMENTS 193583 THIS AGREEMENT, made and entered into this day of _________ , 20_, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter called "City", W IT N E S S ET H: WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights: That certain Grant of Easement recorded April 12, 1961, as Instrument No. 7989, in Book 5689, Page 103, of Official Records, in the Office of the Orange County Recorder, hereinafter referred to as "Company's Easement"; and WHEREAS City has acquired easement rights for a public street for the construction and/ or improvement of Landau Lane and Savoy Circle in said City, County of Orange, State of California, hereinafter referred to as "street right of way", as shown on the print attached hereto, marked "Exhibit Al" and hereby made a part hereof; and WHEREAS, the Orange County Transportation Authority ("OCTA") requested Company to relocate its existing aerial utility facilities out of the Company Easement area and into an underground location within the street right of way, at OCTA's expense; WHEREAS, Company is unwilling to relocate out of Company's Easement into the street right of way without certain assurances from City, including those related to the costs of future relocations and/or rearrangements of Company's facilities; and WHEREAS, among other things, City has agreed to pay for future relocations and rearrangements of the Company's facilities to be placed in the street right of way should the City's use of the street right of way require such relocations and/ or rearrangements. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows: Company agrees to rearrange, relocate and reconstruct any of its facilities heretofore or now installed pursuant to Company's easement within the street right of way. 278 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 Company has and reserves the right to use, in common with the public's use of said street, said new location for all of the purposes for which Company's easement was acquired, including the ability to install, operate and maintain underground electric facilities. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in the new location where such work will obstruct traffic and shall obtain permits, as necessary. In all cases, Company shall exercise due care for the protection of the traveling public and adjacent/nearby City utilities. In the event that the future use of the street right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in the street right of way, City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice. Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public and adjacent/nearby City utilities. The parties will work together to identify a suitable replacement location for Company's facilities within the street right of way. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within street or highway rights of way. City agrees to indemnify, defend and reimburse Company for any loss Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within the street right of way, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence. Company agrees to indemnify and hold harmless the City and its officers from all liability for damages proximately resulting from Company's use and enjoyment of the rights set forth herein. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of the street, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense. In the event that Company determines there is a need for Company to trim City trees or tree roots in connection with normal or routine maintenance and repair of Company's facilities within the street right of way, Company must obtain a City encroachment permit for such work. However, in the event of an emergency, defined as the need to trim City trees or tree roots to prevent an electrical outage, Company shall be allowed to trim City trees or tree roots and notify City of such emergency after such work. Any removal 1 trimming or topping of vegetation, brush, tree or trees which may grow in the street right of way and which, in the opinion of Company, may endanger or interfere with the proper operation or maintenance of Company's facilities, shall be limited to the extent reasonable and necessary to prevent any such interference or danger. -2- 279 JOINT USE AGREEMENT S .C.E. Co., a corp., to The City of H u ntington Beach Serial No. 72133A Affects SCE Docu ment(s): 193583 This agreement shall inure to the ben efit of and be binding u p on the Company and the Ci ty and their respective successors and assigns. IN WITNESS WHEREOF, the p arties he r eto have caused this agreement to be executed in duplicate by their respective offic e r s t h ereunto d u ly a u thor ized, as of the day and year her e in first above written. -3- SOUTHERN CALIFORNIA EDISON COM PANY, a cor B y : ' . s & Facilities Ad visor Land Management South ern Region Vegetation & Land Managemen t CITY OF HUNTINGTON BEACH, a municipal corporation o f the State of California May o r City C lerk IN ITIATED AND APPROVED : Public Works Director REVIEWED AND APPROVED: City Manager APPRO VED AS TO FORM: Ci ty Attorney 280 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California On 3/2-) /7--'> before me, :') i'""""'i T.sc<'<va,u a Notary Public, personallyappeared l'\\~v,e-e,\ J· 1,J;11;"'"":'i , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 7~ ~- ~· ··········1 • JIMMYTISCARENO _ ~.... Notary Public• California I .., Los Angeles County ! ,. Commission# 2-495138 - My Comm, E.xplres Ju! 21, 2028 -4- 281 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ _, On __________ before me, ______________ _, a Notary Public, personally appeared. _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ -5- 282 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ _ On __________ before me,--------------~ a Notary Public, personally appeared. _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ -6- 283 JOINT USE AGREEMENT S.C.E. Co., a corp., to The City of Huntington Beach Serial No. 72133A Affects SCE Document(s): 193583 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ ~ On __________ before me,_______________ a Notary Public, personally appeared~--------------------who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ -7- 284 EXHIBIT Al PARCEL# TITLE II ! I I ! N/A JOINT USE AGREEMENT State Jurisdiction Line Access Prohibited Proposed JUA Easement NOTES The distances shown herein ore grid distances. Ground distances may be obtained by dividing grid distances by the combination factor of 0.99997837. ( AREA 3298 SF ) - APN PORTION OF LANDAU LN. ANO SAVOY CIR. / 6' WIDE ELEC ESMT ',✓ IN FAVOR OF SC.EC ', ' REC. 04/12/1961, ', ', PER 5689/103 O.R. ),, ' DETAIL 'A' NTS INOICA TES RECORD INFORMA T/ON PER REL 553-555 PARCEL 16 BOOK 4, PAGE 49 OF HIGHWAY MAPS SERIAL 72133A JOINT USE AGREEMENT FEET 0 25 50 100 200 PREPARED BY: DAT£, 07-30-2020 REV.: EA: PSOMAS 3 Hutt-on Centre Drive, Ste, 200 [frJf1sAt-073~~~\;~~l~~s:11i1 (Fox) DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 1 2 ORANGE 405 15.49 Right of Way Contract and Joint Use Agreement I-405 Improvement Project 5/20/2025 285 Overview • I-405 Freeway improvements require the relocation of Southern California Edison (SCE) facilities from SCE property into City streets (Landau, Savoy, Heil) • Facility relocation requires agreement between SCE and the City • Street right-of-way use and potential relocation of City facilities justified compensation to the City, formalized in a Right-of-Way Agreement with OCTA 286 Terms • SCE has located facilities underground within street right of way to serve customers in the area • OCTA agrees to compensate the City in the amount of $104,860 • Agreements are the final step in both transactions 287 Recommended Action • Approve and authorize execution of the Joint Use Agreement with Southern California Edison • Approve and authorize execution of the Right of Way Contract with OCTA 288 Project Location 289 3 ., 8 a: -1:iei J ,11 ,, J ; I // I I/ .I I -,, RoyCf'Cir ~ I I /_l -J ___J ____J ocean View Preparatory Preschool -CJ) Questions? 290 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-384 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Bob Milani, Principal Civil Engineer Subject: Approve and authorize execution of Professional Services Contracts for On-Call Development Review Engineering and Professional Consulting Services with Ardurra Group, Willdan Engineering, DMc Engineering, Engineering Resources of Southern California, CSG Consultants, and HR Green Pacific Statement of Issue: The Public Works Department requires on-call plan check and other engineering services for as- needed support to assist with private development plan check and general engineering support services. Financial Impact: Funding for the use of these contracts is included as part of the annual budget submittal/approval process. No funds will be expended on these contracts unless they are approved in the City’s annual budget. No additional funding is required by the recommended actions. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development Review Engineering and Professional Consulting Services;” B) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and Willdan Engineering for On-Call Development Review Engineering and Professional Consulting Services;” C) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and DMc Engineering, for On-Call Development Review Engineering and Professional Consulting Services;” City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 291 File #:25-384 MEETING DATE:5/20/2025 D) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc., for On-Call Development Review Engineering and Professional Consulting Services;” E) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc., for On-Call Development Review Engineering and Professional Consulting Services;” and, F) Approve and authorize the Mayor and City Clerk to execute, “Professional Services Contract between the City of Huntington Beach and HR Green Pacific, Inc., for On-Call Development Review Engineering and Professional Consulting Services.” Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Analysis: On-call services refer to professional services provided on an as-needed basis. The City establishes contracts with pre-qualified firms, enabling staff to quickly assign work when specific projects or increased workload demands arise. These contracts do not guarantee a minimum amount of work and are activated only through individual task orders. This approach offers both flexibility and cost efficiency, allowing the City to meet service needs without adding permanent staff. Applicants who submit private development projects to the Public Works Department are required to pay fees for plan check and development review services. In return, they expect a reasonable level of service. Historically, when development activity exceeds the capacity of City staff, consulting engineers have supplemented staff efforts to maintain service levels. This method provides a cost- effective way to bridge the gap between service demand and available resources, while ensuring timely, high-quality customer service. Procurement Process: Given the expected increase in development activity in the coming years, the City issued a Request for Qualifications (RFQ) on January 28, 2025, for On-Call Development Review Engineering and Professional Consulting Services. Proposals were solicited and submitted in accordance with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), which governs the procurement of professional services. A total of sixteen (16) proposals were received. In compliance with qualifications-based selection-as required by the Federal Brooks Act, State Senate Bill 419, and the Huntington Beach Municipal Code -the Public Works Department convened a three-member review panel to evaluate and rank the proposals. The proposals submitted were generally of high quality, and the selection process was highly competitive. Following the evaluation, the review panel conducted interviews with representatives from the six highest-ranked firms. Staff also conducted reference checks on these firms and their key personnel. City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 292 File #:25-384 MEETING DATE:5/20/2025 Based on this thorough review process, staff recommends awarding on-call contracts to the following six (6) firms: ·Ardurra Group, Inc. ·Willdan Engineering ·DMc Engineering ·Engineering Resources of Southern California ·CSG Consultants, Inc. ·HR Green Pacific, Inc. Funding for these services will be provided through development fees collected from private development projects. The on-call contracts will only be used when development activity exceeds the capacity of existing City staff, triggering the need for supplemental consulting support. Each contract is structured as a not-to-exceed amount over a three-year term, with no guarantee of work. All expenditures are subject to City Council approval through the annual budget process. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development Review Engineering and Professional Consulting Services 2. Professional Services Contract between the City of Huntington Beach and Willdan Engineering for On-Call Development Review Engineering and Professional Consulting Services 3. Professional Services Contract between the City of Huntington Beach and DM Engineering, Inc., for On-Call Development Review Engineering and Professional Consulting Services 4. Professional Services Contract between the City of Huntington Beach and Engineering Resources of Southern California, Inc., for On-Call Development Review Engineering and Professional Consulting Services 5. Professional Services Contract between the City of Huntington Beach and CSG Consultants, Inc., for On-Call Development Review Engineering and Professional Consulting Services 6. Professional Services Contract between the City of Huntington Beach and HR Green Pacific, Inc., for On-Call Development Review Engineering and Professional Consulting Services 7. Intent to Award Letter - Finance Department City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 293 294 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ARDURRA GROUP, INC. FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ARDURRA GROUP, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Mark Lewis who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 25-16427/377358 1 of 11 295 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 25-16427/377358 2 of 11 296 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULT ANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-16427/377358 3 of 11 297 "CONSUL TANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSUL TANT exceed CONSULT ANT' s propmiionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be .reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-16427/377358 4 of 11 298 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replac,ements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 25-16427/377358 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 11 299 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSUL TANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 25-l 6427/377358 6 of 11 300 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSUL TANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 25-16427/377358 7 of 11 301 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: Ardurra Group, Inc. ATTN: Carmen Kasner 3 73 7 Birch Street Suite 250 Newport Beach, CA 92660 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-16427/377358 8 of 11 302 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-16427/377358 9 of 11 303 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/ or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective pmiies to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 25-16427/377358 10 of 11 304 Agreement. This Agreement, and the attacheq exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, ARDURRA GROUP, INC. By: print name ITS: (circle one) Chairman/President print name ITS: (circle one) Secretar ~sst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk !NI ~: Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ~ L \L L;,~ City Attorn'"ey ~ 25-16427/377358 11 of 11 305 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. D. SEE ATTACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 306 EXHIBIT "A" METHODOLOGY SECTION 1. IMPLEMENTATION PLAN CITY'S GOAL Ardurro understonds the City's gaol is to estoblish o working relotionship with o consultont to support the City in providing ond mointaining a high level of customer service and reduce peak turn-around timeframes for development plan checking and entitlement review services submitted to the City by utility companies or private landowners/ developers and/ or their engineers/ surveyors. We accept the Scope of Services as described in the RFQ and offer the following approach to successfully deliver completed projects. PLAN CHECKING/ENTITLEMENT REVIEW MANAGEMENT APPROACH Management of Project Team. Our project approach and proven work plan is based on a pro-active project management approach. We firmly believe in "doing it right the first time." Consequently, we realize that when pursuing project success, it is critical to thoroughly define the project requirements before the work is started. Ardurra 's plan check team has a proven record in successfully managing plan check for numerous public agencies. Our team has had great success in obtaining consensus on implementing an agency's and our managerial procedures and approaches. Our management philosophy includes the following: Understand the Proposed Project. Mark Lewis and his team have been intimately involved with development review for various public agencies including the cities of Huntington Beach, Seal Beach, Lake Forest, Brea, Tustin, Long Beach, and Signal Hill. We understand the critical issues that cities face when private and public development is proposed and are committed to delivering quality infrastructure that is compatible with City and community goals and standards. The Right People for the Project. Along with Mark, we have included resumes for Ardurra's team. The availability of plan check reviewers is dependent upon the timing of the plan check and City's NTP to Ardurra to begin work on each review. Alternate plan check candidates will be proposed and deployed to the plan checks, as approved by the City, should existing team members be committed on other assignments prior to the City's NTP for each review. Team Communication. Our team members have excellent track records communicating with clients and stakeholders. Frequent communication and tracking of project progress are integral to our approach for his project. We will set up communication protocol with the City prior to commencing any work on the project. Our goal is to keep the City informed as the plan review progresses. Through our proposed FTP site, we will have each plan check uploaded for the City's review. The City will be included in all revision communications and our recommendations will be coordinated with the City. Mark Lewis will be responsible for outlining communication protocol. WORK PLAN EXAMPLE -PLAN CHECK K}.:'t 1MlTIAL WORK PLAN ELEMENTS The Ardurra team will perform as part of the City's team, in the City's best interest, as an extension of City staff. Review Procedural Guidelines: One of Ardurra's first orders of work will be for Ardurra staff to meet with the City to review and discuss the City's desired approval and procedural guidelines to be used for development plan check review and submittal process. Development Plan Check Review Correction Lists and Forms: The next step will be for Ardurra to work with the City and draft up a plan check review process, procedures, and guidelines that are consistent with the City's desires. Standard correction checklists will be developed as part of the review process. ,/\/ ARDURRA (:TY or ii Ur! 111,iCTU!✓ 2,[,u.CI! On-·Ct1II DevelopmenJ-Rc!Vl,~\V i:n9ineerir,g & Pn:,fos:.:,i:,nnl C,::in:-u!i·\ng :':ervke:, 307 METHODOLOGY SECTIOI'~ Initial Meeting: An initial meeting will be held with the City to discuss reporting, tracking, and submittal procedures. We propose at our initial meeting with the City to review and set up procedural guidelines for setting up and using an Ardurra FTP site to be used for electronic submittals by applicants and the City. Reporting: Ardurra proposes that the development plan check review staff will provide progress for each project through an Excel tracking spreadsheet that will be located on the FTP site and made accessible to the City. Project Schedules: We propose at our initial meeting with the City to review and set procedural guidelines, which will include establishing schedules for assigned projects. Our team is committed to meet turnaround timeframes as defined below: 1st Plan Check Review 10 Working Days 2nd Plan Check 5 Working Days 3rd and Subsequent Plan Check Reviews 3 Working Days Review Standards: Ardurra shall review/ check plans for compliance with the following regulations and standards: • City of Huntington Beach -Standard Plans and specifications ■ State of California (Caltrans) -Design Manuals, Standard Plans, and Standard Specifications " State of California (Caltrans) Manual of Uniform Traffic Control Devices (MUTCD) " Standard Specifications and Standard Plans for Public Works Construction (Greenbook), BNi • Other standards as specified by the City of Huntington Beach Subdivision Maps: Review subdivision maps for compliance with the project's Conditions of Approval as approved by City staff, City commissions, and the City Council, as well as all state and local codes and the Subdivision Map Act. Consultant shall check and review map boundaries, metes, and bounds, and, if desired, field check final documentation (monumentation and corner records) prior to bond exoneration. Conditions of Approval for development may include offsite improvements and financial obligations of the applicant. Ardurra will assist the City in preparing subdivision improvement agreements and related bonds for final maps. Ardurra will author or assist in writing staff reports for final map approval. Grading Plans: Ardurra shall review/ check grading plans for compliance with the project's Conditions of Approval as approved by City staff, City commissions, and the City Council, as well as all state and local codes and regulations. Ardurra will check or assist the City in checking the engineer's estimate for grading to determine grading bond amount. Ardurra will author or assist in writing staff reports. Encroachment Permit/ Improvement Plans: Subdivision maps and grading plans may require internal and offsite improvements and encroachment permits. Ardurro will perform engineering reviews for required improvements for, but not necessarily limited: " Grading • Utilities -Water and sewer, assist with underground utilities • Frontage improvements -Street plans, sighting plans, signal plans, parkways, and traffic studies • Water quality management -Water Quality Management Plans, NPDES permit compliance including recommendations for TMDL monitoring compliance, BMPs, and identify urban runoff and potential illegal discharges ■ Drainage -Hydrology, hydraulics, and drainage devices ■ Erosion control devices ■ Soundwalls, Retaining Walls, Shoring A,/ ARDURRA C: 1 TY (J f i ! U f~ f I 1,1 CT O l\J f\ ;-\ i I o,,"Col! [)e-vck,pment Revi<::'.N Er1gine12ring 8 .. Profosskrnol (ci1uuii'in9 :;,'.'rvkes 308 Meetings and Reports: Throughout each assigned project plan check Ardurra will meet as required with developer, its consultants, City staff, special districts, regulatory agencies, and other stakeholders at your /their convenience to discuss the project and any issues. Our project manager will be responsible for arranging, notifying, and producing meeting agendas and minutes for each meeting. Ardurra's project manager will make meeting presentations on projects as required and will provide necessary exhibits. Ardvrra's project manager will provide progress reports for each project in one overall progress report submitted weekly. PROJECT MANAGEMENT APPROACH METHODOLOGY SECTIO~✓ Ardurra provides several layers of quality control, assuring that all project needs are met. Ardurra's project management approach is derived from many years of experience and proven success and includes very specific strategies: coordination, communication, and documentation. Coordination: All development plan checks, and entitlement reviews will require coordination. That can come in the form of coordination with other City departments, local agencies, and stakeholders. The Ardurra Team has years of experience with on-call plan check and entitlement review contracts with other Southern California agencies. These on-call contracts require similar coordination efforts in which Ardurra has established and maintained ovtside-agency contacts, coordinate with their staff, and assist the customers to obtain the necessary approvals to move their project forward. This knowledge PARTNERING WITH THE CITY Ardurro 1s goal is to be a true partner with the City and to ensure the City's project manager is always up to date on the status of each plan c;heck and entitlement review so there are no surprises. and understanding of working with other agencies will provide great benefit on each project. Communication: Ardurra has a formal, proactive communication plan to share critical information as soon as possible and to make sure there are no surprises. We continuously report progress, identify problems, assign priorities, receive feedback, and document progress. From the initial review through the final approval, we will prioritize our communication to make sure all required actions are documented and addressed in a timely manner. The City can be assured that both the City and all team members will always be aware of the status. This level of coordination, coupled with the progress meetings, helps avoid issues and delays, ensures compliance with City requirements, and ensures that the customer's project is proceeding as efficiently as possible without costly delays. Ardurra has used this management approach with great success on all types and sizes of projects. Documentation: Proper documentation is critical for all development projects. We have a thorough understanding of the document control procedures required for pion check and entitlement review. Ardurra's document control management policies are prepared to comply with the City's requirements. Our typical project progress reports include the status of various development projects under review, potential issues affecting approvals, needed coordination with utility and outside-agencies, review cost and schedule snapshot and analysis, issues discussion and recommended resolution actions. Monthly progress reports will be tailored to the needs of the City for each development project. In combination, Ardurra's tools and efficiency in coordination, communications, and documentation will provide the City with a transparent process for the duration of the contract. A/ ARDURRA C: I T Y O i-I i U !' 4 T I 1,1 C IO hi f:\ [ /, I i On-·Call Devekipmenr Review Englnet)rin~,1 !.'0. Prnfossk,iictl C.::,11~uilin9 Services 309 Quality Assurance and Quality Control: Quality control and assurance will be an ongoing task throughout the duration of the plan check and entitlement review process. By implementing a program specific QA/QC Plan, the quality assurance, and project specific checklists will be developed to ensure each step is accomplished. The quality control manager for the project ensures that all checklist items are addressed by the project manager. The results of our in-house QA/QC Plan for the entire Ardurra team will be available for review by the City. Schedule: Our project manager will oversee the plan check and entitlement review process to ensure review periods as consistent with the City's desires. Develop plan checks and entitlement reviews that are lagging will be discussed with the City and if required, the project manager will meet with the applicants to facilitate the approval process. We will provide a summary report regularly that shows completed reviews, problematic reviews, and recommended actions. 2. EFFORTS TO ACHIEVE CLIENT SATISFACTION SOLVING AGENCIES' BIGGEST CHALLENGES WITH PROVEN SOLUTIONS Our philosophy is to protect the City's interests, minimize risks, provide cost-effective solutions, and maintain compliance to provide the City with long-term value for their investments. Based on 20+ years of local experience delivering on-call services for agencies like yours, we have developed simple, clever, and proven solutions to issues we see regularly. We use a risk matrix to identify and manage challenges early in the project regarding clearing the right-of-way, coordinating utilities, stakeholder involvement, material cost escalations, supply chain disruptions, and mitigating or avoiding environmental impacts. • You get a standing meeting in your calendar between the City's project manager and our project manager to discuss deliverables, status updates, and information requests. This simple and short meeting means you will have the necessary information and task order status to share with your team regularly. • Your projects get committed and coordinated staff because our office and regional leaders meet at least bi-weekly to discuss deliverables, resources, quality control, and following through on our promises. This gives you a Flexible and skilled team focused on meeting deadlines with high-quality work. • You get exclusive access to the fantastic talent from one of the country's fastest-growing engineering foms. We are humbled to be on Zweig's preferred employer list for the last five years. This means we are a magnet for talent! We have been growing consistently and adding amazing people every week. This gives you direct access to more help, unique solutions, and a small army of professionals with a heart for client service. 3. PROJECT SCHEDULE l st Plan Check Review 2nd Plan Check 3rd and Subsequent Plan Check Reviews ,/\/ ARDURRA 10 Working Days 5 Working Days 3 Working Days CTY 1JI ilU-1111\ICTOr✓ B[1\Cil On-Coll Development Review Engineering & Professional Cc,r1:;u!ting Service:; f 310 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen ( 15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 311 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 312 FEE PROPOSAL On-Call Development Review Engineering & Professional Consulting Services Schedule of Fees Rates Effective June 1, 2025 through May 31, 2027 (Plus 1-year Extension) $397 Administrotive Assistant VI $150 <" • .--•.-,.•••--••• •• -• ,_...,.,.,.,.-• ••••-•••••••--•••••,-,•••• •••••• •--••-••,•-•••-••"-•-•-•• ••---•••-•••• -•--•••-,.,-•-•••---•••-•••••-•-•••-•.. ••••••••••••--·-... ••-H•r•---•••--••••••~•••-•••---•-•--•• ••• •••~•--•«•--~·-••• ••-•-•" Administrative Assistant V $138 -·-·-·,···· Administrative Assistant IV $127 ••-'••••-·•<'"•• ,..,,,,_.,.,.,_, ·•••••••••---•,-•••• • ,... _ _,,..,.,,.._,,.,.,._,_.__.,,,.,~,-,•••••-•--•• ... ..-...... .,.,,,..,..,~H'O ,., ...... -........ _.,•UM~"'"',._,,.,4 .,-..,.-,-~,~,-•,,-...-.•,-••••-,-~ • ,.~.,, .. _.._.,~_.._,,...,_, __ ,_,. __ ,___,,._, 0,,1,.•,~••~.,•••""'"•• '"•"o~;,~, .. Pla~.Check Eng.inee_r.lV .. ·-··-········-·•·· ............................... ,,•••···~•-···•-·-~~$3~2_3_~. _Plan_Check Engineer Ill ___ ........... _ .. ______ ,. .. ••···-···-.........,,__--~$-2_69~----J Pion Check nn,ru::u,::.r 11 $239 , .............. ··-··· ......................... • ............................... , ....... ._ ,., ............... , ....... ,. .. ,. ·~· , .. -,., .. ,.,., ... ·~•-· ............. ,.,, Pla~ .. Check. Engineer 1........................ .. .~---·-----------------·-__ $_2_2_1 ~~ Public Works Technician Ill 179 ................................. _-t--------·•·~ .. -· ............... -.... -.......... -................. ,. Public Works Technician II Public Works Technician J Project Accountant ( l) Mileage is billed at the current IRS rate. ·--·········+·--··•--... -.. ., ............. . $156 $126 $164 (2) Consultants must adhere to this fee schedule. Any classification not listed in above fee shall be at cost. ( 3) Rates may only be changed by mutual consent with contract amendment. (4) Rates include insurance and overhead costs. /0✓ ARDURRA CITY 01' HU NT! ~·I GTO t··J B EI-\CH (}ri•~,(:{),ni UrlV{,!{)~H,W·rW f{t~\tkJ\V fn:0in1:~{)f&~·1g !J .. Pr~:Jfr:;siifJfl~~t Con21MlHn9 St~r~-:it:f~S 313 (Ci, ARDURRA-01 KMCGUFFIN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 4/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER1 AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement{s). PRODUCER 2iijrCT Ames & Gough r11g,NJ0, Exll: (703) 827-2277 Ir~~ No):(703) 827-2279 8300 Greensboro Drive Suite 980 ~..s·admln@amesgough.com Mclean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:Charter Oak Fire Insurance Company A++ (XV, 25615 INSURED INSURER B: Phoenix Insurance Companv A++. XV 25623 Ardurra Group, Inc. INSURER c: Travelers Property Casualty Company of America, A++, XV 25674 1000 N.W. 57th Court, Suite 800 INSURER o: National Fire & Marino Insurance Company A++ X 20079 Miami, FL 33126 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE t~DL SJ19C POLICY NUMBER POLICYEFF POLICY EXP LIMITS IT~ 1!'10 ... ...... A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS•MAOE [K) OCCUR ~m~U?e~~cJ!~nr,,\ 1,000,000 630-5X487435 1/1/2025 1/1/2026 $ x Contractual Liab. MED EXP (Anvone oerson\ $ 15,000 >~- 1,000,000 PERSONAL & ADV INJURY s t-- 2,000,000 Jq'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ POLICY [R] fJ&°f, □ LOC PRODUCTS -COMP/OP AGG s 2,000,000 OTHER: s B ~TOMOBILE LIABILITY n:~~~~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO 810-5X558309 1/1/2025 1/1/2026 BODIL V INJU~er nerson\ s -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY lPer accidentl $ ~L't~soNLY ~8roiiit~ fiROPE~ 1~AMAGE $ ~-~ Per acci enl s C X UMBRELLA LIAB ~OCCUR EACH OCCURRENCE s 15,000,000 EXCESS LIAB CLAIMS-MADE CUP-5X642114 1/1/2025 1/1/2026 AGGREGATE s 15,000,000 OED I X I RETENTION s 10,000 s C WORKERS COMPENSATION XI ~~~•JTE I I gJH-AND EMPLOYERS' LIABILITY VIN UB-5X489557 1/1/2025 1/1/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ ~FICER/MlM~rft EXCLUDED? NIA 1,000,000 andatory n ) E.L. DISEASE -EA EMPLOYEE S If yes, describe under E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below . D Professlonal Llab. 42-EPP-306878-07 1/1/2025 1/1/2026 fer Claim/AA1jre~,ate rf 0.000.000 A1 PAOVED T FO D .. • I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES !ACORD 101, Addltlonal Remar1<s Schedule, ma~ be attached If more space Is reqlfffftHAEL J VIGLIOTTA RE: On-Call Development Review Engineering Professional Consulting Services 2 25 • CITY ATTORNEY The City of Huntington Beach, CA, Its officers, elected or appointed offlclals, employees, agents and volun\,itl¥10PIPl~t~Sjct!IN~MA~Jld with respect to General Llablllty, Automobile Liability, and Umbrella Liability when required by written contract. General Llabl lty nc u es A ona nsured coverage for On-Going & Completed Operations as required by written contract. General Liability, Automoblle Liability, and Umbrella Llablllty are primary and non-contributory over any existing Insurance and limited to llablllty arising out of the operations of the named Insured and when required by written contract. General Liability, Automobile Llablllty, Workers Compensation, and Umbrella Liability pollcles Include a waiver of subrogation In favor of the additional SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach, CA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 314 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLDAN ENGINEERING FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and WILLDAN ENGINEERING, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSUL TANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Tyrone Peter who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 25-16427/377354 1 of 11 315 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSUL TANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 25-16427/377354 2 of 11 316 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSUL TANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSUL TANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-16427/377354 3 of 11 317 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSUL TANT exceed CONSULT ANT' s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULT ANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSUL TANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-16427/377354 4 of 11 318 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended rep01iing provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 25-16427/377354 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 11 319 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULT ANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 25-I 6427 /3 773 54 6 of 11 320 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 25-16427/377354 7 of 11 321 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: Willdan Engineering ATTN: Vanessa Munoz 2401 E. Katella Avenue, Suite 300 Anaheim, CA 92806 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-16427/377354 8 of 11 322 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-16427/377354 9 of 11 323 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set f01ih in this 25-I 6427 /3 773 54 10 of 11 324 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, WILLDAN ENGINEERING print name ITS: (circle one) Chairn~Vice President AND By:_~~----,,--------- /V/1c A[,c ~~ print name ITS: (circle on ~ief Financial Officer/ Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITI ~ Direct~blic Works REVIEWED AND APPROVED: City Manager APPROVED AS f: 0 FO~: \ L ~ \ J,,;l:k =-City AttcTrne~ 25-16427/3 77354 11 of 11 325 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. D. SEE ATTACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 326 EXHIBIT "A" approval and requirements. Willdan can also prepare legal descriptions and plats for easements or rights of way for City projects. C. Methodology Section Cl. Implementation Plan Willdan is noted for open lines of communication and flexibility in providing plan review services. We can provide reviews of hard copy or electronic documents. Coordination of all plan reviews will be through Ron Stein. We understand that site visits may be reqlJired to the project locations and when so conducted, photographs will be taken and docl~mented in the project file. It is expected that plan checks should not exceed four (4) total plan checks which includes three (3) plan reviews and one (1} final mylar review for approval if required by the City. Willdan's approach to the plan review process is shown in the flow chart and as follows: Plan Review Process @ City notifies Willdan and uploads plan review assignment 0-----. {)----.. °'nitial review of © • Submittal complete • No crltlcal errors Q Continue Oocuments received and logged In __ r with review ·. G 1 Notify City & tID) • Submittal Incomplete ~ orwlth critical errors ' • Notify City Oeveloper and coordinate with them to determlne If review should continue Documents distributed to dlscfpllne leaders documents to observe completeness/ critical errors ~ dtydirects Willdan to • continue with the review. ; o~--- 1 , Wllldan l 4 performs the · plan review Wil!dan Wllldan completes ➔ electronically comment matrix ~ files reviewed and notifies City documents W!lldan returns plan reviews to the City Process Items 1 through 3: Once Willdan receives notice of a plan review assignment, we log them into the tracking system and distribute them to the discipline leaders. Wllldan Supports City OA/0.C Process Item 4 through Sb: Ovr professionals perform a preliminary review of the plans to gain knowledge of the site and the improvements and to determine any substantial errors or omissions such as obvious utility conflicts. These can become critical issues that necessitate substantial redesign. If critical issues are noted, they will be brought to the attention of the City to determine if the review should continue or be suspended pending the redesign required. ··•·.·· .. • .. ••····'· . I Qualifications for On-Call Development Review Engineering & Professional Consulting Services 5 327 Process Item 6: Saving review time saves time for the developer, which is paramount to a project schedule. Once a plan check is determined complete for further review, the reviewers review the documents electronically and provide comments in an electronic format acceptable to the City. Process Item 7"9: At the completion of the plan review, a comment matrix will be completed which summarizes the comments from all disciplines reviewed. Documents will be filed in the tracking system and the City will be notified. Process Item 10: Willdan will be available to support the City on any inquiries during QA/QC period as required. Willdan provides all administrative, professional, and other technical resources necessary to review designs for completeness and correctness without the need for subconsultants. In our communication process, we can transmit rough drafts of our comments back to the City for review prior to the preparation of final copies. This gives the City staff the prerogative of changing, modifying, or adding any comments they desire. Plan reviewers will be available to discuss and clarify plan check issues with the City staff, designers, owners, and contractors. Deliverables to the client and applicant for a typical plan check will include electronic delivery of reviewed plans and documents and a corresponding plan review comment letter. For projects containing the review of multiple documents, the plan review comments will be consolidated into one comprehensive comment letter. Willdan has been providing plan review services electronically for 20 years. The electronic plan review process is a web-based program utilizing software that enables a plan reviewer to insert annotations (comments) on plans and create issues (comments} within a letter format. Services are provided at the request of the applicant or the agency we serve. Submittals can be accepted either in hard copy, whereby Willdan converts the plans to electronic format, or electronic copy in a PDF or TIF format. Willdan will review plans and can transmit the electronic red lined plans back to the applicant or the City as directed, in either electronic or hard-copy format. The reviewers can create a comment letter with links to the electronic project pages under review. All administrative tools are provided for correspondence, tracking, stepping through stages, and administering all access privileges. This service allows for collaboration between the City1 designer, and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing, and time for the plan review. Willdan will utilize electronic plan reviews to help streamline the review process via the use of Bluebeam. Multi-discipline reviews can utilize a Bluebeam Studio Session. These sessions allow all reviewers to markup the plan set as one cohesive team. All comments are seen by the whole team allowing immediate input and feedback between disciplines as if they are marking up the plans over the same table. Qualifications for On-Call Development Review Engineering & Professional Consulting Services 6 328 Several of our clients use permit tracking software such as LMS, Accela or Energov and we are proficient in the use of those software platforms as well and our portal is able to work as a supplement to the City's existing Accela software if needed. We will coordinate our review services with the City's permit tracking system. C2. Efforts to Achieve Client SatisfQction Willdan's approach to facilitating the plan check process includes specific measures to not only meet blJt exceed client expectations as follows: Timely technical reviews of complete plans and reports to help control cost and meet schedules. This avoids delays and added costs that result in incorrect review package submittals. Record keeping uses in-house tracking software, digital files, plan check mark-ups and reference materials while logged in the City Accela system is part of our facilitating process. Communication between the plan reviewer(s) and the Engineer of Record facilitates issue resolution and will be done through phone calls, e-mails, and teleconference meetings to facilitate reviews. Keeping the City and others informed through CCs of Review Matrix, e- mails, phone calls, tracking logs, and City's Accela system will be given priority by our team members. Willdan's QA program is broken out into four major phases, as outlined below. Administrative staff Plans funneled to ensure a complete appropriate submlttal. discipline for review. Each task leader performs an initial review. ~ a. Submittal a. Ensure a cornplete checklists and any design. COAs checked to b. Check for any ensure a complete major drafting package Is lssues such as received. profiles or b. Ensure the files linework missing. are working c. Ensure previous properly. comments are c. Ensure all addressed. necessary d. Utilize City supporting reports Checklists. are provided. It is imperatlve that the City, developer and plan reviewer work together to ensure quality development. ~ a. Push developer to provide written responses to each comment. b, Call developer to talk through any outstanding Issues. Administrative staff compiles all comments and checks for grammar or formatting Issues. Sent to PM for final review. a. Check for conflicting comments between disciplines, b. Ensl)re clear and concise comments with standard references. c. Ensure a thorolJgh first review to avoid additional comments. d. Check for conslstency between prior approved plans. Qualifications for On-Call Development Review Engineering & Professional Consulting Services 7 329 C3. Project Schedule Willdan understands that timelines are of the essence when reviewing development projects. From our past experience we have learned that having a standardized schedule streamlines the plan check process and manages developer expectations. We are proposing to have a standard schedule for all reviews to show simplicity in the process and alleviate any undue burden of adjusting the schedule for all types of reviews. The below schedule has been proven to work properly with a variety of agencies. Expedited reviews can be done for a fee of 1.5 times the regular plan review cost, which is outlined in the separate Fee Proposal. Here are the standard review timelines proposed for this contract. Fifteen (15) working days for the 1st plan check Ten (10) working days for subsequent plan checks for the review and return of all documents Ten {10) working days for 1st plan check Five (5) working days for subsequent plan checks In rare situations where larger, more complex projects are encountered, additional review time may be required but only with prior approval from the appropriate City staff as this is the exception. Willdan has the ability to ramp up resources as necessary to expedite a project that the City deems a high priority to help meet any specific project milestones when needed. C4. Specific Tasks Willdan can assist the City with various engineering review support services. We have a highly experienced and qualified team of professionals capable of meeting and exceeding expectations on all items listed in the scope of services. Entitlement Review Parcel/Tract Maps, Lot Mergers, Easements, lot line Adjustments, Survey, R/W, Legal Descriptions and Plats • Willdan shall review project "Development Review Request" and prepare suggested Code Requirements and Conditions of Approval for City staff, Planning Commission and /or City Council approval. Willdan's review of easement documents, lot line adjustments, dedications, vacations, quitclaims, Parcel and Tract Maps shall be by or under the direction of a Licensed Land Surveyor to assure compliance with applicable provisions of the Subdivision Map Act, County ordinances, and other conditions of approval and requirements. There will be detailed checks made, including, but not limited to, review of survey documentation and title reports, lot and boundary closures, dedication and easement provisions, legal descriptions, completeness, and accuracy of data notation, and necessary certifications of City and County staff. If required 1 Willdan can sign maps in the._~~p_acity of t~_~g~y-~~-~y-~yor. ___ ,,._, _______ _ Qualifications for On-Call Development Review Engineering & Professional Consulting Services 8 330 Street Improvements Grading Plans /H\ Street improvement plans will be checked under the direct /jjlll\ supervision of a registered civil engineer. Specifically. As applicable, we will perform our work in general accordance with the following: l!I II II Check plans for compliance with general design criteria established by the City standards for streets, curbs, gutters, sidewalks, streetlights, drive approaches, storm drain and flood control systems, underground wet utilities, traffic signals, and signing and striping, City and County standards, design guidelines and check grading, street and storm drain plans for conformance with the street improvement plans, Check street improvement plans for compliance with City conditions of approval and the approved tentative map. Check street improvement plans and plans against easement documents, record maps, and right-of-way documents; and determine the need for permanent easements, additional right-of-way, or temporary easements. 111 Review pavement design for consistency with the recommendations of the soils engineer. Review hydrology/hydraulic study against the storm drain plans, including street capacities, HGLs, velocities, inlet or outlet control, and other hydraulic factors. c:r.1 Willdan will perform grading and site accessibility plan review for t.1 L.,j projects constructed in the City for conformance with City codes and ~ ordinances, including the City grading code and manual, California Building Codes related to site accessibility, or consistent with the City's Drainage design policies. Willdan 1s staff assigned to City projects has a thorough knowledge of civil engineering principles and practices and site improvement design requirements. All plan reviews are completed using City-established policies and procedures. We will utilize the City's grading plan checklist as applicable. Willdan will ensure plans meet applicable codes and ordinances upon completion of plan reviews, evaluation of the engineers cost estimate, and . -··•·· ---···-·--··-·-· __ (~~a\ reco mm e ~~-~!i_?.~ ... ? .. ~--!~.~-.. ~.?.~-~.~.~.2.U. n t and perm it fees:········--······-·-··-·-·-·· . ········-..... Sewer Improvement Plans ___ Sewer Improvement Plans will be checked under the direct ;;EE:-:i:: supervision of a registered engineer. As applicable, we will perform -=.:;;:=-our work in general accordance with the following: 111 Review general notes, title blockbenchmark data, quantities, unit costs, vicinity map, index map, and other general requirements. 111 Check plans for compliance with general design criteria established by the City standards for underground wet utilities. 111 Check data shown on plans for consistency . .. ~.·--·······-···············-··--·~-···--~~Y.~~-~-?.Y.~.i!~ .. ble sewe.~ .. ~.!~.~Y..~f{~_i.~~.! .. ~h.~--~-~~~r improvement pla~~.'. .. -... Qualifications for On-Call Development Review Engineering & Professional Consulting Services 9 331 " Check to ensure that plans reflect all required improvements, as Sewer shown on the approved tentative map and subdivision resolution. Improvement a Review proposed sewer plans for conformance with the City's Plans, cont. approved master plan of sewers . .. --·•··-•····•··········-····a .. Review .the._prnpose.d .. _i111provements.forco.nstru.ctabjlity .................... ----·-·····•·-· 1:-:~.~ Will.dan will review associated erosion and sediment control plans in E5:!::Q3 accordance with City, County and State Regional Water Quality Erosion and Control Board requirements. Willdan staff has experience with the Sedament preparation of erosion and sediment control plans for the associated grading Control and drainage improvement plans and, therefore, a working knowledge of the design requirements and implementation of appropriate BMPs selection and ......... ··-····· .. ·····.................... . d~.s_ign ................................................. ----··-·····---··----................. --... -.... -• ... • ... ------···· ........................ ·······-·-·-····--··---···--·--··•··-------·-----··--···-· ................ . Water Improvement Plans landscaping and Irrigation ~ Water Improvement Plans will be checked under the direct ~ I supervision of a registered civil engineer. As applicable, we will perform our work in general accordance with the following: • Review general notes, title block, signature block, benchmark data, quantities, vicinity map, index map, and other general requirements. 111 Check plans for compliance with general design criteria established by the City standards underground wet utilities. 1a Check to ensure that plans reflect all required improvements on the approved tentative map and in the subdivision resolution. 111 Review available water study/report against the water plans. • Review proposed water plans against City's approved master plan . . ·-·--·-~····---~-~Y!~-~ the prop~-~~-~"_!_~p_rove me ~-~~--f~_r~_(?_t."\_~_~,r.~~!~-~!).i_!L ......... ____ ...................... . ,·-•\i'•;.... Landscaping and Irrigations Plans will be checked under the direct ~ supervision of a registered landscape architect. As applicable, we ~ will perform our work in general accordance with the following: m Review for compliance with City's WELO, including all calculations and other technical information and reports 111 Review for compliance with City landscape standards, water purveyor standards, design guidelines, and City conditions of approval • Review for compliance with sound landscaping practices such as planting palette suitability and placement and irrigation designReview ·-....... !b.~-P..~?P~_S..~d imp rove m_~-~!~. f~-~~·~·~·~!r..~0:~-~-~!_i~Y._ . • All new development and. significant redevelopment projects are required to incorporate Low Impact Development (LID) Best Management Practices to the maximum extent possible. The intent Water Quality of these requirements is to reduce the discharge of pollutants to receiving Management waters. These are the results of federal and state regulations and provide implementation plans to protect water quality. Willdan will review the WQMP -············--·--·--·--··---~-~-~-~-i~~':~}?Y_~EP Ii cants to e ns~E~_E,g_~P!i~.n ce with the r~g-~!_~~~-~.~-!_5-: ___ ··-·---------·- Quallficatlons for On-Call Oevelopment Review Engineering & Professional Consulting Services 10 332 Hydrology/ Hydraulics Reports & Storm Drain • Hydrology/Hydraulic. s Repo. rts and Storm Drain Plans will be checked under the direct supervision of a registered civil engineer. We will perform our work in general accordance with the following: 111 Check the H/H report for compliance with City and County standards and design guidelines. till Check grading, street, and storm drain plans for conformance with the H/H report. 11 Check the H/H report for compliance with City conditions of approval and the approved tentative map. 111 Check for any diversion of flows from their historic patterns. 11 Check for any adverse effect of drainage on down-stream properties. a Review general notes, title block, signature block, benchmark data, quantities, unit costs, vicinity map, index map, and other general requirements. 111 Review hydrology/hydraulic study against the storm drain plans, including street capacities, HGLs, velocities, inlet or outlet control, and other hydraulic factors. m Review proposed storm drain plans for conformance with the Citis approved master plan of drainage. . . .. ... .•.•.•..... Ill Review the proe9,~ed improvements f9,L.~~nstructabilit.y __ ......... ___ _ Traffic Signal Plans, Signing & Striping, Street Lighting Plans and Construction Detour Traffic engineering design plans will be checked under the direction .L:::l. of a state-registered Traffic Engineer. Willdan's plan review staff has illi the capability to review traffic design plans, including, but not necessarily be limited to, traffic signals, signing and striping, street lighting, temporary traffic control and construction detours, flashing beacons, EV charging stations, pedestrian and bicycle facilities, and circulation plans. As needed, Willdan's plan review staff can also review and prepare comments on documents, such as traffic; studies related to a development project. As applicable, we will perform our work in general accordance with the following: 111 Check design plans for compliance with general design criteria established by the City standards . 11 Check design plans for compliance with City and/or County standards, Caltrans standard plans, and California Manual on Uniform Traffic Control Devices (CA MUTCD). 11 Check design plans to ensure all improvements are shown, as required ···········•·········-······----+---·~-'{!.~~.S!!.'l.~ .. ~9,.!:' .. ~itions of ape_~~~~L?.nd gener9.l .. .P.l~.~.!~9~jrements. Traffic Studies ~'~ Traffic studies including Traffic Impact Analysis, Parking Demand, ;ii;1;,i; Traffic Circulation, Traffic Signal Warrant, Street Lighting Photometrics will be checked under the direct supervision of a ................... ·-••·············•-......L-r_eg_i_ste.re~.Traffic .. Engi nee_r. ·-···········--·· ---·····-··············· ... ----· ··-·--·-··············•··••·-· .. --- Qualifications for On-Call Development Review Engineering & Professional Consulting Services 11 333 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, rep01is, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 334 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apmi from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 335 EXHIBIT "B" WILLDAN ENGINEERING Schedule of Hourly Rates Effective July 1, 2024 to June 30, 2025 Eel~~ili!11i[0i~J:mi~t!~!~ll Technical Aide I $81 Code Enforcement Technician $106 Labor Complf ance Speclalist Technical Alde II $103 Code Enforcement Officer $121 Labor Compfiance Manager Technlcal Aide Ill $120 Senior Code Enforcement Officer $143 Utllity Coordinator $167 CAD Operator I $128 Supervisor Code Enforcement $173 Office Engineer I $147 CAD Operator II $148 Fire Plans Examiner $173 Office Engineer II $167 CAD Operator Ill $165 Senfor Fire Plans Examiner $189 Assistant Construction Manager $160 GIS Analyst I $168 Fire Inspector $159 Construction Manager $185 GIS Analyst If $184 Senior Fire Inspector $173 Senior Construction Manager $201 GIS Analyst Ill $191 Fire Marshal $204 $208 Environmental Analyst I $144 Plans Examiner Aide $114 Resident Engineer I Environmental Analyst II $161 Plans Examiner $173 Resident Engineer II $216 Environmental Analyst Ill $171 Senior Plans Examiner $189 Project Manager IV $234 Environmental Specialist $185 Assistant Construction Permit $121 Deputy Director $243 Designer I $173 Specialist Director $249 Designer II $179 Construction Permit Specialist $128 Senior Designer I $188 Senior Construction Permit $150 Public Works Observer .... $131 Specialist Senior Designer If $197 Supervising Constmctton Permit $159 Public Works Observer *""" $159 Design Manager $196 Specialist Senior Public Works Observer** $143 Senior Design Manager $206 Assistant Building Inspector $143 Senior Public Works Observer """ $159 Project Manager I $186 Building Inspector $159 Project Manager II $207 Senior Building Inspector $173 $147 Project Manager Ill $217 Supervising Building Inspector $189 Survey Analyst I Survey Analyst II $169 Project Manager IV $234 Inspector of Record $202 Principal Project Manager $238 Deputy Building Official $205 Senior Survey Analyst $187 Program Manager I $197 Building Official $210 Supervisor -Survey & Mapping $203 Program Manager II $209 Plan Check Engineer $205 Principal Project Manager $238 Program Manager Ill $228 Supervising Plan Check Engineer $215 Assistant Engineer I $141 Principal Project Manager $238 Assistant Landscape Architect $153 Assistant Engineer II $157 Deputy Director $243 Associate Landscape Architect $176 Assistant Engineer 1H $166 Director $249 Senior Landscape Architect $193 Assistant Engineer IV $175 Principal Landscape Architect $204 Associate Engineer I $184 CDBG Technician $86 $238 Associate Engineer II $192 CDBG Specialists $103 Principal Project Manager Associate Engineer Ill $196 CDBG Analyst $122 Senior Engineer I $199 CDBG Coordinator $152 Administrative Assistant I $99 Senior Engineer II $204 CDBG Manager $183 Administrative Assistant II $120 Senior Engineer Ill $207 Housing Program Coordinator $151 Administrative Assistant Ill $140 Senior Engineer IV $211 Planning Technician $130 Project Accountant I $112 Supervising Engineer $219 Assistant Planner $162 Project Accountant II $132 Traffic Engineer I $219 Associate Planner $176 Project ControHer I $140 Traffic Engineer II $234 Senior Planner $200 Project Controller II $158 City Engineer I $234 Principal Planner $208 City Engineer fl $238 Planning Manager $221 Deputy Director $243 Deputy Director $243 Director $249 Director $249 Principal Engineer $270 •• For Non-Prevailing Wage Project ••• For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation. Addltlonal billing classifications may be added to the above fisting during the year as new positions are created. Consultation In connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger seNices, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services lo provide for the cost of administration. consultation, and coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classlflcations, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations. Rev VOi 05.22.2024 336 \ . \~ I ,,...__...._, ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/9/2025 I DATE (MM/DDIYYYY) ~ 4/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: CA License #0B99399 ;tl~N,_t i::v.,, I rt~ Nol: 777 S. Figueroa St., 52nd Floor E•MAIL Los Angeles CA 90017 ADDRESS: (213) 689-0065 INSURERIS) AFFORDING COVERAGE NAIC# INSURER A: Travelers Properly Casualty Company of America 25674 INSURED W"lld E . . INSUR~R a : Allied World Surplus Lines Insurance Company 24319 0 1 1 an ngmcenng 155 5 O 13191 Crossroads Parkway North, INSURERC: Suite 405 INSURERD: City oflndushy, CA 91746 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 21674171 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE AOOL SUAR POLICYEFF POLICY EXP LTR IIJQn wvn POLICY NUMBER IMM/DDIYYVY\ IMM/DD/VVVY\ LIMITS A X COMMERCIAL GENERAL LIABILITY y y P-630-Al 178471-TIL-24 11/9/2024 11/9/2025 EACH OCCURRENCE $ 1,000.000 D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED f--PREMISES /Ea occurrence\ s I 000.000 X Em~. Benefits Liab. MED EXP (Anv one person) s 15,000 X Contr. Liab. Incl. PERSONAL & ADV INJURY s 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2 000.000 Fl [x] PRO-[x] LOC s 2 000.000 POLICY JECT PRODUCTS • COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY y y 810-Al 161741-24-43-G 11/9/2024 11/9/2025 COMBINED SINGLE LIMIT S 1 000.000 (Ea accident\ - _x_ ANY AUTO BODIL V INJURY (Per person) s xxxxxxx OWNED -SCHEDULED BODILY INJURY (Per accldonl) $ xxxxxxx -AUTOS ONLY -AUTOS HIRED NON-OWNED fp~~~~JJRAMAGE $ xxxxxxx -AUTOS ONLY -AUTOS ONLY $ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx -EXCESSLIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETENTION s $ xxxxxxx WORKERS COMPENSATION y XI ~~:TUTE I ' I OTH-A AND EMPLOYERS' LIABILITY UB-8Y032268-24-43-G 11/9/2024 l 1/9/2025 ER Y/N AfN PROPRIETOR/PARTNER/EXECUTIVE [ill N/A E.l. EACH ACCIDENT s 1 000.000 OFFICERJMEMBER EXCLUDED? (Mandatory In NH) E.l. DISEASE -EA EMPLOYEE s 1 000.000 ~~ii~rt.rriJ~ ~n/~PERATIONS below E.L. DISEASE -POLICY LIMIT s 1 000.000 B Prof Liab -A re/Eng N y 0313-5950 11/9/2024 11/9/2025 Per Claim:Sl,000,000 Aggregate:$ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) RE: 2025 RS On-Call Deve\opmenl Review Engineering & Professional Consulting Se,viecs, '*Con!inue on Next Page'* \ APPROVED AS TO FOR~ ~ MicHAEL J. VIGLIOTTA CITY ATTORNEY ·-·· ---u11t.l'111\.1 .. ,uNBEACH CERTIFICATE HOLDER CAN CELLA ndN I ~· •• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21674171 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Bob Milani AUTHORtzeo ..... w ~ 2000 Main Street L'' Huntington Beach, CA 92648 I ·---© 1966·20~~ All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 337 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DMC ENGINEERING FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DMC ENGINEERING, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Derek J. McGregor who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 25-16427/377347 1 of 11 338 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSUL TANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 25-16427/377347 2 of 11 339 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-16427 /3 7734 7 3 of 11 340 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pe1iain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULT ANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-16427/377347 4 of 11 341 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 25-16427 /3 7734 7 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 11 342 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULT ANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 25-16427/377347 6 of 11 343 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULT ANT' s agent ( as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 25-16427/377347 7 of 11 344 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: DMc Engineering ATTN: Derek J. McGregor 18 Technology Drive, Suite 100 Irvine, CA 92618 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the pmiies or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-16427/377347 8 of 11 345 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-16427/3 77347 9 of 11 346 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/ or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 25-16427/377347 10 of 11 347 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the paiiies hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, DMC ENGINEERING By: -----s::?::<"\ .,.,..,.....------ 1:>ere K :r . M ~oC print name ITS: (circle one) Chairmar(E!}~~~/ice President AND By: ~ De,,e\<. :::r. t---'\~6<eg °"" print name ITS: (circle one~Chief Financial Officer/ Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ~~j~ 25-16427/377347 11 of 11 348 A. B. C. D. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services CONSULT ANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 349 EXHIBIT "A" CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES B. BACKGROUND AND PROJECT SUMMARY SECTION DMc Engineering has been providing plan and map checking, entitlement review and consulting services for various cities and agencies for over (30) years! This experience has included review of demolition and grading plans; street improvement plans and technical reports, tentative and final maps; lot line adjustments and easement documents; entitlement review, water and sewer plans, Water Quality Management Plans (WQMP) and utility permit review, While providing these services, DMc meets with developers, engineers, contractors, consultants and the general public on behalf of cities and agencies. One of DMc's primary objectives is to work toward resolution of development issues relative to infrastructure improvements, reports, document processing, construction and related issues. C. METHODOLOGY SECTION Our approach to each Civil Engineering Plan Check project starts with the assignment of a Project Engineer. The Project Engineer will be a California-licenseo engineering professional and be tasked with the completion of the required review. Personnel will be assigned based on their specific expertise in a particular function or design aspect of the project. The OMc team will operate based on our philosophy, which emphasizes effective Client/Consultant communications as a key element to the success of any project. At DMc Engineering, this begins at the initial review, where the Project Engineer confirms the initial submittal is complete and contains the minimum information necessary to start a plan review. There is an on-going and regular communication process that continues throughout the review of the project. Both written and verbal communication are utilized at maximum effectiveness and regular progress t.Jpdate reports and project progress and design review meetings will be provided to the city as a part of our overall services, Occasionally, if a city standard cannot be met, we will provide a recommended solution to City staff, who will make a final decision. Quality Control & Assurance DMc Engineering maintains an active and on-going Quality Control/Quality Assurance (QC/QA) Program, that emphasizes technical accuracy and reduction of overall design and construction costs. Implementation of this program is achieved through personal involvement of the Project Manager and other key DMc staff. This process results in more complete and thorough reviews at each stage of the project, with a review focused on value engineering, technical accuracy, minimal construction cost and on-time performance. OMc ENGINEERING Page 3 350 Scheduling & Schedule Control CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES DMc Engineering believes that our strict adherence to the city's plan review time frame can be achieved throt)gh timely and continuous communication with the city. We have a proven performance record complying with the city's schedules. DMc also understands the importance of fast-tracking certain high-profile projects. Our turnaround time for first, second, third, and subsequent plan checks will be consistent with the City's established deadlines. lJnique Qualifications For the City of Huntington Beach, DMc Engineering has developed efficient plan check reference documents, which have resulted in project cost savings. We created a plan review checklist that we use for Precise Grading Plan (PGP) reviews. We attach this checklist as a part of our written comments and update it with each review, We also created 'Engineering Details to assist applicants with their designs. When reviewing submittals, our goal is to provide the applicants with clear and concise comments which results in efficient processing and ultimate approval. When applicants request, we promptly provide them assistance, often holding meetings to review plan check comments. We provide interim reviews and advise applicants whether or not they are ready for formal submittal. This effort has proven effective in streamlining the review process. D. STAFFING We have assembled a qualified team of professionals with the expertise necessary to meet the requirements of the anticipated scope of work outlined in the Citis RFQ, The team will be led and managed by DMc Engineering Principal, Derek J. McGregor. OMc ENGINEERING Page 4 351 HUNTINGTON BEACH PUBLIC WORKS CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES The following DMc Engineering personnel will be available to provide the plan checking services the City is requesting: Personnel Licenses/Certifications Years of Experience Availability Derek J. McGregor PE,PLS, QSD, QSP 45 As Needed Mark Carroll PE 49 As Needed David Gould 45 As Needed Holly Ferguson 26 As Needed Uzo Okereke PhD,PE,QSP, QSO 45 As Needed Mlke Benedict PLS 46 As Needed Bruce Lindemann 30 As Needed Derek J. McGregor Mr. McGregor has over 45 years of public works experience, 40 of which are in entitlement, map and plan checking. Mr. McGregor's experience includes many years of working with the following agencies: City of Huntington Beach (8 years); City of Irvine (38+ years); Santa Margarita Water District (29 years); Trabuco Canyon Water District (30+ years); Irvine Great Park (18 years): City of San Clemente (5 years); City of Laguna Beach (12 years); City of Laguna Niguel (5 years); and City of Newport Beach (20 years). He also has extensive experience in planning, design, development and construction management of public works projects. Mr. McGregor provides City Surveyor services to the City of Laguna Niguel as needed, DMc ENGINEERING Page 5 352 Mark Carroll CITY OF HUNTINGTON BEACH ON~CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES Mr. Carroll has over (40) years of experience in planning, design, permitting and construction of public works and private sector development projects. Similar to Mr. Derek J. McGregor, Mr. Carroll has multiple years of experience working with planning and engineering departments with a number of Orange County agencies. He is very experienced in all areas of map approvals, as well as managing plan reviews. David Gould Mr. Gould has over 35 years of experience in the design and construction of public works/civll engineering projects. Prior to joining DMc Engineering in 2023, Mr. Gould was the Director of Engineering and Operations for the Crescenta Valley Water District. In this position, he was responsible for the management of engineering and operatlons departments, including capital improvement projects, facilities maintenance, water supply, water quality, wastewater collection, and supervision of personnel. Holly Ferguson Ms. Ferguson is experienced in the role of overseeing the tracking of plan check submittals for the City of Huntington Beach. She has been working in this capacity for 8 years. Ms. Ferguson uses the Citis GIS to facilitate the plan check process. Additionally, she facilitates responses to questions from applicants and coordinates document review status and requests to expedite reviews. Ms. Ferguson works in a similar role servicing other agencies such as the City of Irvine, Trabuco Canyon Water District, the City of Laguna Beach and the City of San Clemente. Uzo Okereke Mr. Okereke is a multi-disciplinary engineer with over 40 years of civil engineering experience. This experience enables him to maintain a comprehensive overview of projects relative to design, environmental and regulatory considerations. Mr. Okereke possesses expertise in Storm Water Design, including preparation and review of Hydrology and Hydraulic (H+H) Reports, Stormwater Pollution Prevention Plans (SWPPP)1 Water Quality Management Plans, Sewer and Water, Master Plans and supporting Environmental Documents and Technical Specifications. Michael Benedict Mr. Benedict has over 40 years of experience providing surveying, mapping and construction services. His skills include boundary and right of way analysis, review of final parcel/tract maps and legal descriptions for easements and lot line adjustments. Bruce Lindemann Mr. Lindemann has over 30 years of experience providing plan review of private development and agency capital improvement projects. His many years of experience inspecting and managing projects enables him to provide valuable insight in improved constructability and value engineering. DMc ENGINEERING Page 6 353 SUBCONSULTANT Traffic: TJW Engineering -Thomas Wheat, PE CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES Thomas J. Wheat, PE is a highly respected traffic engineer with experience in Traffic Analysis. He is experienced in the design and plan review of street improvement plans with an emphasis on signing, striping, and traffic signalization. He has prepared numerous studies specific to traffic volumes, and studied relationships between signal phasing and operations, intersection design, as well as street light locating. E. QUALIFICATIONS DMc Engineering is an Irvine-based civil engineering, land surveying, planning, and construction management firm with extensive experience and a strong record of success in providing on-call consulting engineering services, (similar to those described in this RFQ) since the founding of the firm in 1987. Our staff consists of licensed professional engineers and surveyors, QSP's, QSD's, licensed contractors, technical personnel, and administrative support staff. The expertise and project history of our personnel include similar tasks to those being requested in the Citis RFQ. Our plan review services include the checking of all forms of development plans from rough to precise grading (including ADA accessibility), street improvements, storm drains, sewer and water1 signage/striping and signalization and erosion control, along with the review of development reports consisting of hydrology and hydraulics, Water Quality Management Plans (WQMP) and soils reports. Additionally, our experience in surveying and map checking includes the review of tract and parcel maps, easements and lot line adjustments. DMc's experience covers all forms of entitlement reviews such as Tentative Maps, Site Plans, portions of Environmental Impact Reports (EIR), specific plans, including development and/or verification of project development conditions. Our on-call service capabilities range from single-family residential projects to large multi-lot residential projects including apartments, townhomes 1 condominiums, duplexes and properties with Accessory Dwelling Units (ADU). We have experience with small and large commercial and industrial project reviews, as well as parks, open spaces, athletic fields and school projects. In summary, DMc: • SPEC[ALIZES IN ON-CALL PUBLIC WORKS PROJECTS • IS AVAILABLE AND READY TO WORK ON PROJECTS WITH SHORT NOTICE • HAS EXTENSIVE EXPERIENCE WITH ON-CALL PLAN CHECK SERVICES WITH THE CITY OF HUNTINGTON BEACH AND OTHER PUBLIC AGENCIES THROUGHOUT ORANGE COUNTY DMc Engineering personnel assigned to tasks outlined in this Statement of Qualifications will be similar to our staff currently working with the city. This includes Derek J. McGregor, Holly Ferguson, Mark Carroll) Mike Benedict, David Gould and Bruce Lindermann, DMc ENGINEERING Page 7 354 CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES Our success in providing the services noted above is documented by years of experience providing similar services to the following local public agencies: • CITY OF HUNTINGTON BEACH-WATER DEPT, -8 YEARS o TRABUCO CANYON WATER DISTRICT -30 YEARS • CITY OF HUNTINGTON BEACH -DEVELOPMENT -8 YEARS • IRVINE RANCH WATER DISTRICT -20 YEARS • CITY OF LAGUNA BEACH -PLAN CHECK -12 YEARS • SANTA MARGARITA WATER DISTRICT-20 YEARS o CITY OF LAGUNA BEACH -WQMP -12 YEARS • CITY OF SAN CLEMENTE -5 YEARS • CITY OF IRVINE -38 YEARS • CITY OF NEWPORT BEACH -20 YEARS • IRVINE GREAT PARl<-18 YEARS • CITY OF LAGUNA NIGUEL-5 YEARS Specific project experience related to the requested services is as follows: CLIENT: . O/\TES OFSERVICE: CLIENT:•· DMc ENGINEERING CITY OF HUNTINGTON BEACH -PUBLIC WORKS, DEVELOPMENT Bos MILANI, PRINCIPAL CIVIL ENGINEER 714,374.1735 bmilani@surfcity-hb.org MAY 2016 TO PRESENT DEREK J. MCGREGOR -PROJECT MANAGER DAVID GINS-PROJECT ENGINEER HOLLY FERGUSON -DOCUMENT CONTROL/RESEARCH MIKE BENEDICT -SURVEY DOCUMENTS ► WQMP, H+H AND SOILS REPORT REVIEWS ► GRADING PLAN CHECK/ STREET IMPROVEMENT PLAN REVIEW ► STORM DRAIN IMPROVEMENT PLAN REVIEW ► DEMOLITION PLAN REVIEW ► WATER & SEWER IMPROVEMENT PLAN REVIEW ► LEGAL DESCRIPTION AND PLAT REVIEW/ EASEMENTS ► LOT LINE ADJUSTMENT REVIEW ► TENTATIVE AND FINAL MAP REVIEW ► ENTITLEMENT REVIEW CITY OF HUNTINGTON BEACH-WATER DEPARTMENT LILI HERNANDEZ, SENIOR CIVIL ENGINEER 714,374.5386 lhernandez@surfcity-hb.org MAY 2016 TO PRESENT DEREK J. MCGREGOR -PROJECT MANAGER HOLLY FERGUSON -DOCUMENT CONTROL DAVID GINS-ENGINEERING DESIGN ► ENTITLEMENT REVIEWS ► UTILITY PLAN REVIEW ► LEGAL DESCRIPTION AND PLAT REVIEW/ EASEMENTS Page 8 355 CLIENT: DMc ENGJNEERING CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES CITY OF LAGUNA BEACH -PUBLIC WORKS JOSH MCDONALD, ASSOCIATE CIVIL ENGINEER 949.497,0728 imcdonald@laqunabeachcity.net JULY 2016 TO PRESENT DEREK J. MCGREGOR-PROJECT MANAGER DAVID GINS-PROJECT ENGINEER HOLLY FERGUSON-DOCUMENT CONTROL ► ENTITLEMENT REVIEW ► GRADING PLAN CHECK ► STREET IMPROVEMENT PLAN REVIEW ► H + H REPORT REVIEW CITY OF IRVINE/ IRVINE GREAT PARK GREGG GIPE, PROJECT ADMINISTRATOR 949,724.7372 ggipe@cityofirvine.org DECEMBER 1999 TO PRESENT DEREK J, MCGREGOR -PROJECT MANAGER DAVID GINS-PROJECT MANAGER ► ENTITLEMENT REVIEW ► WQMP REVIEW ► GRADING PLAN CHECK ► HYDROLOGY/HYDRAULICS STUDY/DRAINAGE PLAN CHECK ► SWPPP REVIEW ► STREET IMPROVEMENT PLAN REVIEW ► STORM DRAIN PLAN REVIEW Page 9 356 EXHIBIT "B" ii.Yi '~' DMcENGINEERING CIVJL • SURVEYING • PLANNING • CONSTRUCTION Hourly Rate Schedule (As of January 1, 2025) OFFICE PERSONNEL Cost/Hour Principal (PR).................................................................................. $ 260.00 Project Manager (PM) . .. .. .. . ... . .. .. .. .. .... .. ... .. . ... .. .. . ........................... ... $ 220.00 Construction Manager (CM) .. .. .. .. . . .. . .. .. . .. . . . . . . .. . .. . .. .. .. .. .. .. . .. .. . . . . . . . .. . .. .. $ 220.00 Project Engineer (PE) .. . .. .. .. . .. . .. . .. .. . . .. .. .. . . . . . . .... .. .. .. .. .. .. . .. . . . .. . . .. . .. .. .... $ 200.00 Project Surveyor (PS) . .. .. . .. . .. .. . .. . .. .. . . .. . .. .. .. . .. .. .. .. .. . .. . . . . . .. . . . .. .. . .. . .. . .. .. $ 200.00 Senior Engineer (SE) .. .. .... . .. . . . . . .. . .. . .. .. . .. . . .. .. . .. . .. .. . .. . . .. . .. .. . . . ... .. .. .. . .... $ 180.00 Associate Engineer (AE) . .. .. . .. .. . . .. . . . .. . .. .. . .. .. ... .. . . .. .. . .. . .. . . ... . . .. .. .. . .. . . ... $ 160.00 Administration (ADMIN) .. .. . .. . .. .. .. . . ... .. . . .. . .. ........................ ................ $ 100.00 FIELD SURVEY Cost/Hour Field Survey (FS) . .. .. ... .. . . . . .. .. .. .. .. .. ... ... . .... .. . .. . . . . .. .. .. . .. .. .. .. . .. . .. . . . .. . ... $ 230.00 GPS Survey (GPS) .. .. .. .. . .. .. .. .... .. .. . .. .... .... .. . ...... .. .. .. .. . . ... .. .... .. .. .. .. . . .. $ 250.00 REIMBURSABLE FEE SCHEDULE Plan Plotting/Copies (B&W) ................................................................. , ... $1.00 / sq ft. Plan Plotting/Copies (Color) .................................................................... $5.00 I sq ft, Copies (8.5 x 11 -B&W) .......................................................................... $0.10/copy Copies (8.5 x 11-Color) ........................................................................... $0.10/copy Deliveries .............................................................................................. , ............... TBD 18 Technology Drive, Suite 100 I Irvine, CA 92618 Telephone: (949) 753-9393 357 Classification Principal ·. TJW ENGINEERING, INC. STANDARD COMPENSATION SCHEDULE (Effective January 2025} Principal Traffic Engineer/Planner Senior Engineer/Planner Project Engineer/Planner Asst. Project Engineer/Planner Technician Administration Aide GENERAL PROVISIONS OF AGREEMENT Hourly Rate • $260.00 $235.00 $175.00 ~ $200.00 $125.00 -$175.00 $100.00-$150.00 $100.00 -$125.00 $85.00 -$125.00 $65.00 -$85.00 1. The above schedule is for straight time. Overtime will be charged at 1.5 times the standard hourly rate. Hourly rates apply to work time as well as travel time and waiting time, which occur at meetings and public hearings. 2. Unless otherwise stated in the contract, project-related travel, reproduction, and supply costs are billed at cost. MIieage will be billed at prevailing standard mileage rate as determined by the IRS. Subcontractors and other project-related expenses will be billed at cost plus 15%. 3. Unless otherwise stated in the contract, invoice will be submitted monthly for work in progress and/or upon completion of TJW Engineering's (TJW) scope of work. Progress invoices are payable within 30 days of the invoice date or upon completion of the scope of work. Any unpaid invoice after 30 days shall Incur a late fee service charge of the maximum Interest rate allowed by law or two (2) percent per month whichever Is less. 4. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies the consultant in writing within fifteen (15) days of the date of billing and informs consultant of the alleged incorrect item. 5. All documents produced as a result of this agreement may be used by TJW Engineering (TJW) without consent from the client. 6. TJW makes no warranty as to its findings except that the work is performed using generally accepted methods. 7. Unless otherwise stated in the contract, the client agrees to limit TJW's liability to the client, due to professional negligent acts, errors, or omissions by the consultant, to the consultant's fee. 8. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and Judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. 9841 Irvine Center Drive, Suite 200 I Irvine, California 92618 I t: (949) 878-3509 www.tjwengineerlng.com 358 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. BUling 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 359 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 360 -~ 1A ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 7/1/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.· THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsement(s). PRODUCER CONTACT BettvTran NAME: IOA Insurance Services f.t.~~NJ:o S:vl\• 949-297 -5962 I r,o~ Nol: 949-297 -5960 130 Vantis, Suite 250 i•MAIL betlv. tran@ioausa.com Aliso Viejo, CA 92656 ,nniu:~s· INSURER($) AFFORDING COVERAGE NAIC# www.loausa.com CA License #0E67768 INSURER A: RU Insurance Comoanv 13056 INSURED INSURERB: Derek J. McGregor, Inc.; INSURERC: dba: DMc Engineerini 18 Technolo~l Drive, uite 100 INSURERD: Irvine CA 9 18 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 80771514 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POLICYEFF POLICY EXP LTR n.,c,n Ul\m POLICY NUMBER IMM/DDIYYYYI tMM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE □ OCCUR ~~~tiiJ9E~:_~;.~~ncel -$ -MED EXP (Any one person) s PERSONAL & ADV INJURY s - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ □PRO· DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: s AUTOMOBILE LIABILITY fe~~~~d~~tf INGLE LIMIT $ - ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I PAr acdd .. nl\ $ -,- s UMBRELLA LIAB HOCCUR EACH OCCURRENCE s ·- EXCESSLIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION s s WORKERS COMPENSATION I tf~uTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ NIA E.l. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ tr yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT s A Professional Liability RDP0055147 7/1/2024 7/1/2025 $2,000,000 Each Claim Claims-Made $2,000,000 Annual Aggregate $15,000 Each Claim Deductible I\ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlHo,,al R•m•o1<• ''"''"''• m,y •• '"""'' • m,,. ,pm 1, "•"'"') I\ Coverage Is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancella~l?~Pf~~JiQ>f-·n accordance with policy provisions. l Av: MICHAEL J. VIGLIOTTA CITY AiTORNEV CITV OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION On-Call Development Review Engineering & Professional Consulting Services cn6 of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 0 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ~~:Jf✓~ I (AVC) Alicia I<. lgram © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 80771514 I 7 /24-25 PL I Dobbie 11.cGregor I 7/1/2024 8: 53: 52 AM (PDT) I Page l of 2 361 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal coq,oration of the State of California, hereinafter referred to as "CITY," and ENGINEERING RESOURCES OF SOUTHERN CALIFOIRNIA, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. SCOPE OF SERVICES CONSUL TANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Robert Righetti who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 25-16427/377348 1 of 11 362 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 25-16427 /3 77348 2 of 11 363 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, rep01is, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULT ANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-16427 /3 77348 3 of 11 364 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs· and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pe1iain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULT ANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-16427/377348 4 of 11 365 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 25-16427/377348 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 11 366 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 25-16427/377348 6 of 11 367 event of termination, all finished and unfinished documents, exhibits, repo1i, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 25-16427/377348 7 of 11 368 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: Engineering Resources of Southern California ATTN: John M. Brudin 1861 W. Redlands Blvd. Redlands, CA 92373 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both patiies. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-16427/377348 8 of 11 369 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterpaiis as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-1642 7 /3 77348 9 of 11 370 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 25-16427/377348 10 of 11 371 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA print name ITS: (circle one) Chairman/President/Vice President print name ITS: (circle one) Secreta1y/Chief Financial Officer/Asst. Sec1·eta1·~ CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED ~ Dire ~ REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ,L~.\)J~ 25-16427/377348 11 of 11 372 A. B. C. D. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 373 EXHIBIT "A" Scope of Services ERSC has become well-versed in the many nuances that must be observed by anyone processing applications and development and studies for approval during entitlement and plan check assignments. Our staff will rely on numerous codes, guidance documents, checklists, and standards to complete each review, This section will summarize the methods used to review assigned documents thoroughly. Plan Check Reference Material ERSC staff will reference different guidance materials based on the scope of the assignment (e.g., State Subdivision Map Act, Standard Specifications for Public Works Construction, Americans with Disabilities Act requirements, and the California Building Code). Other facets of a particular project, such as water quality or traffic improvements, are governed by the Construction General Permit, MS4 Permit, WQMP guidance document, Manual on Uniform Traffic Control Devices, State of California Highway Design Manual, Caltrans Standard Specifications, County Flood Control Hydrology Manual, and the United States Army Corps of Engineers Permit requirements. Each is applied respectively and where applicable. In addition, local guidance documents such as the City Grading Notes for Improvement Plans, City Encroachment Permit Application Package, City Municipal Code, City General Plan, and Specific Plan Elements are also applied when appropriate. Conditions of Approval are also thoroughly reviewed and applied to each project. Process Applicable to all Plans/Subdivision Maps/Studies for Entitlements The items below are incorporated as applicable during the review of any plans, maps, and studies after assignment to ERSC for review. Review the initial submittal package for completeness. Items frequently required include a title report, geotechnlcal report, and conditions of approval. Verify ownership, review aerials and photos, and review onsite/adjacent conditions. Verify drawing content, Including title block, file number, RCE signature block, benchmark, and proper drafting technique. Verify compliance with Conditions of Approval. Verify general notes and content, construction notes, and quantities. Include project title, a list of utility companies with contact information, vicinity and index map, legal description, APN, site ownership, and addresses as applicable. Review engineering design principles, requirements, and industry-standard practices. Review speclal studies to ensure they are conceptually sound and meet City, County, and State Standards, Ensure compliance with Code Requirements and Conditions of Approval, current Subdivision Map Act, County of Orange Subdivision Manual and City of Huntington Beach Zoning and Subdivision Code, Process for Individual Improvement Plan Checking and Special Study Review The following is an outline of items that ERSC staff utilize to review specific types of plans, maps, and studies, as well as a list of commonly reviewed documents from our experience with the City. We can elaborate as requested if the evaluation committee members deem our proposal requires expansion on potential other assignments. Entitlement Review Review "Development Review Request(s)" and prepare suggested Code Requirements and Conditions of Approval for approval by City staff, Planning Commission, and City Council. Rough, Precise, Mass Grading Plans Verify conformance with geotechnical report; show boundary Information, easements, and adjacent lot numbers; show street dimensions, existing utilities, sewer lateral and water meter; reference pad elevations to TTM and surrounding drainage; review and verify perimeter conditions; cross-reference with street and drainage plans and final map; verify compliance with California Building Code for grading and accessibility; verify minimum slope requirements and drainage control at top of slope; verify slopes, top of grate and invert elevations on drains; verify retention basin and BMPs, show building locations/setbacks; show critical elevations; verify conformance with FEMA requirements; ensure compliance with City of Huntington Beach Municipal Code (including Section 17.05.050, "Grading and Excavation Code," City of Huntington Beach Grading Manual and City of Huntington Beach Standard Plans. Street Plans and Alignment Review Verify design speed, geometrics, and cross-section; show typical section with cross fall and dimensions; verify minimum/maximum street grades and cul-de-sac design; verify structural section (AC/Base); verify bearings, curve data (centerline and curb) and stationing; show stations/elevations at intersections, EC/BC and ECR/BCR; verify "join" elevations extend topography; show saw cut line and feathered paving; provide supplemental cross sections for widening; show driveway approaches and cross gutters; In the profile, show existing/proposed profile at centerline, curb left & right; show stations at begin/end construction, intersection, EC/BC and even stations; show slope, elevations at critical points and grade breaks; show the location, length, and Pl for vertical curves; show projection and length of curb returns/verify design; profile "grade to drain" and show elevations. Storm Drain Plans Verify size and design flow per City's Master Plan, if applicable; design per Flood Control standards; verify alignment, geometrics, and stationing; show existing utilities {OH/UG); show catch basins, manholes/junction structures and inlet/outlet structures with details when required; show, obtain, and/or verify drainage easements; show invert elevations at inlet/outlet, structures, and grade breaks; verify design flow and street capacity with hydrology study; show HGL, flow rate, and velocity for main line and lateral; coordinate with 10 374 hydraulic calculations; verify coordination with regulatory agencies as required. Storm drain plans will be checked against hydrology and hydraulic calculations. Water and Recycled Improvement Plans Location (new tract, ROW or easement); supporting documents (hydraulic models, geotechnical}; sheet layout and contents per City requirements; stations and elevations at valves, fittings, manholes, laterals and fire hydrants; show all existing and proposed utilities and appurtenances; detail/callout connection/stub out points; verify depth appropriate for pipe size/location; verify line data; ensure looping provided as applicable; show pavement limits; show location of above and underground features; detail any necessary encasements at walls and medians; show meter/service location, separations, and size; show lot !Ines and numbers; verify hydrant/ manhole/valve spacing, location, joints, sizes; verify DCDA spacing, location, joints, sizes; check elevations, slope, distances, stationing, size, materials, and crossings in profile; verify size per master plan; verify thrust restraint and AR/AV calculations; verify compliance with separation requirements; verify cross-connection requirements; ensure compliance with City of Huntington Beach Standards and Design Manual, American Water Works Association standards and guidelines, American Concrete Institute standards and guidelines, American Public Works Association standards and guidelines, State Water Resources Control Board (SWRCB) division of drinking water requirements and guidelines, and Air Quality Management District requirements and guidelines, Sewer Plans Verify size per City's master plan; verify minimum velocity and slope requirements; verify minimum lateral slopes; verify compliance with CDPH separation requirements; verify alignment and stationing; show existing utilities (OH/UG); verify minimum cover and maximum manhole spacing; show stations and elevations at manholes, cleanouts and laterals; show easements. Sewer plans shall be coordinated with the City's Sewer Master Plan for design of master plan lines. Sewer/Water Feasibility Studies Review City's master plan; verify tributary area; verify existing pipe size and existing flow; determine proposed pipe size; verify sewer loading and peaking factors; determine/verify EDU's, average daily flow; peak hour dry weather flow, peak hour wet weather flow; review pipe size calculations; verify d/D ratio and minimum velocity requirements; verify downstream pipe capacity. Final Parcel and Tract Maps Verify overall format complies with Orange County map manual; verify conformance with tentative map and conditions of approval; review and verify content of title report, vesting deed, and Schedule B documents; verify content of title sheet and required certificates; verify dedications required by conditions of approval in owners' certificate and acceptance thereof; verify survey procedure including location/description of existing monuments, review and verify closure calculations; basis of bearings, and methods of re-establishing monuments; measured and record bearings, distances and curve data; lots and streets numbered and named, lot width and depth, street dimensions and radii and cul-de~sac and knuckle design; monumentation for streets and lots, centerline Intersection, EC/BC and center of cul-de-sac, distinct boundary and lot corners. Maps, Survey/Legal Documents Check to assure compliance with applicable provisions of the State Subdivision Map Act, Land Surveyor's Act, City Municipal Code, Conditions of Approval and other City requirements, and all other applicable state statutes and local ordinances; review of map sheets for centerline control, lot closure calculations, mathematical accuracy, surveyor notes and symbols, monumentation per City Standards, and survey procedures; review of boundary retracement procedures and title reports; review of format statements and certificates; conformance to City's preferred format and layout; review legal description for accuracy and proper acknowledgment of record and easement documents; review and verify closure calculations, review plat for proper identificatlon of R/W, lot lines, easements and location of existing structures and utilities. Title Reports Review title report to confirm that the legal description, ownership, vesting, trustees, and beneficiaries are correctly shownj Review title insurance exceptions to confirm that rights of way and easements are correctly listed and plotted; Verify that applicable rights of way, easements, and mineral rights are correctly listed as signature omissions; Verify that subdivider has requested non-interference letters from public entities and public utility companies. Hydrology and Hydraulics Calculations Verify compliance with Orange County Drarnage Design Standards, Hydrology Manuals, Local Drainage Manuals; verify design criteria; review and verify critical design values; review and verify model input/output and content of hydrology map; and verify narrative content. For hydraulic calculations, verify mainline, lateral, and catch basin design flow; review and verify model input/output; verify methods of analysis; review design methods of catch basins, hydraulic structures, and outlet protection; review maximum velocity, junction losses, freeboard and outlet conditions; and verify hydraulic data on storm drain plans. Water Quality Management Plans Verify stormwater management requirements applicable to the project, source control/site design, pollutant controls, and hydromodification management; review performance requirements for source control and site design BMPs, storm water pollutant control BMPs, and hydromodification management BMPs. For a Standard WQMP, verify project information and ownership, construction stormwater BMPs, post-construction source control BMPs, and post-construction site design BMPs. For Priority Development Projects, verify onsite pollutant control BMPs or combination BMPs, BMP selection process, and BMP sizing necessary to meet stormwater pollutant control standards. 11 375 Utility Permit Reviews Review for compliance with City and Public Utilities Commission standards. Coordinate review with public and private City projects. Special Traffic Studies, Impact Analysis, Scoping Letters Confirm approval of scoping agreement; verify project characteristics; evaluate traffic forecasts and supporting data; review/verify existing conditions; review future conditions without the project, including intersections and roadway segment analyses; review future conditions with the project including rntersections and roadway segments analyses; review the transportation management plan; verify/review study intersections and roadway segments; review traffic forecasting for existing conditions, future growth, ambient growth, and related projects; review/verify future changes to the transportation network; verify methodology; and, verify trip generation and distribution. Signing and Striping, Traffic Signal Plans Review/verification of existing utilities, subsurface and overhead obstructions; construction notes and standard plan references; review pole locations, mast arm lengths; review/evaluate conduit layout and sizing, pull box locations; verify controller location and type, service connection, and pedestal f ocation; review pole and equipment schedule, conductor schedule and phase diagram; verify location of loop detectors or video detection zones; review/verify directional and warning signage, street name signs (illuminated v. non"illuminated); review and verify vehicle storage (queuet striping, pavement markings, and advanced warnings. Review plans against current traffic engineering design standards, guidelines, and practices; City standards for street construction; City's Guidelines for Bicycle Facilities; adhere to the City of Huntington Beach Standards and Design Manual, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Orange County Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and Calffornia Title 24 requirements. Street Light Plans and Voltage Drop Calculations Verify conformance with the Standard Specifications for street lights and drafting standards; verify location at intersections, along roadways, and placement within median islands; verify pole spacing and illumination requirements; verify pole height, mast arm length, and luminaire; verify foundation requirements and location, pedestal location, service points and availability of service; verify conduit layout, size, and material; verify circuit design; calculate voltage drop throughout system/circuit. Engineering Cost Estimates Verify format adheres to City requirements; verify all information called out for construction is included; check quantities against plan; verify construction notes correspond; verify correct unit costs; ensure contingency included; provide civil engineer's stamp and signature, Structural Review (Structures and Walls) Review Geotechnical report and recommendations; review/verify design methods and assumptions; verify design criteria (Le., bearing pressure, passive pressure, wind loads); review and verify calculations and factor safety; verify footing dimensions, steel, and grout requirements; verify and evaluate existing/proposed improvements; verify field conditions and constraints; review/evaluate geotechnlcal data, limits of flooding; review alignment/geometry for compliance with accepted criteria, Caltrans requirements; review design and location/spacing of spread footings/pilings; review design and location of abutments and wing/retaining walls; Evaluate drainage and drainage mitigation. Erosion and Sediment Control Plans Verify plan adheres to City requirements; verify WDID Number; verify perimeter protection; verify inlet protection; check BMPs with CASQA recommendations; verify retention basin and BMPs, show building locations/setbacks perimeter walls and retaining walls; verify stabilized construction entrance; verify equipment staging areas; verify materials storage areas; ensure offsite inlet protection where applicable. Storm Water Pollution Prevention Plans Verify proper format and content; verify QSD certification and Legally responsible person; verify SWPPP requirements and content of Notice of Intent; review and verify project information, risk level determination, and non-stormwater discharges; review and evaluate best management practices and BMP inspection & maintenance requirements; review training requirements and responsible parties; review & evaluate monitoring and reporting requirements, sampling, analysis, and QA/QC requirements; review references documents, Soils Reports and Geotechnical Reports Review and comment on private project geotechnical and geology reports including but not limited to soil stability, soil composition, liquefaction, compaction, foundations, etc.; review road structural calculations and any trench backfill recommendations; development of geotechnical and geology reports for limited special public projects, as well as peer review of geotechnical and geology reports; prepare review comments and conditions of approval of sells reports in a written format that is acceptable to the City; review responses to review comments provided by the developer's soils engineer; work with developer's soils engineer to resolve issues generated by review comments; attend meetings with the City, developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction; review soils reports submitted by the developer's soils engineer for proposed changes during grading; provide technical support to the City for geotechnical engineering and geologic related issues on an as-needed basis; provide grading inspection services on an as-needed basis to ensure compliance with City approved plans and standards. 12 376 Project Review Schedule The City of Huntington Beach prides itself on the punctvality of its plan check process. ERSC understands that many projects are of utmost importance to stakeholders and, often, the City. We are ready and able to meet the City's advertised schedule as outlined in the following tables. 1st Submittal 14 business days 2nd Submittal 10 days Subsequent Submlttals 7 days For expedited project review, the following schedule will apply. Procedure Electronic/Review Schedule Will Begin at Pickup Comprehensive Electronic Record Keeping: All plan check and inspection information is saved on our network for access. Redlines, transmittals, emails, supporting documents, and tracking logs are all available to ERSC staff in a central location. ~t~\1Qlf "'11tnlC'1<Nt1•Htlll\:1/l{JOJO•J/JOJl01) lt.M,.Ml~l'CMJ:H .. uin ~~t;;;".,,, JS 1uii,u-,u, m. Jil City of Lakll Elsinore lt\nu/l'i,i<,u~• IU-HHU~t\Ot lt/lS ..... """"0.JI. llll""""tJA>it •~ ~·--LAKE G)LSINOR_E -~.,~I\U•4.olllt.lUI hinil11<1IO'f.Mr,~~I~ ,.."""'-'~"b,'hhct\ff.)1l.-.,i°'~~fw1wh1~1U,,1tunti1ti1.nt1J11'1•1th.ki 1/U/Jl)U wur,,titdl ... 111Mt-.ftUffl'IM)-..rl\-ll...o..dntW.lhtw. IIC>_..,....,.1!11tts.1►.,....l~ ~,, ... ~ ,',',~~) !~;:%','!:'. u~ H'aJ,~~ 1vU\aJ4,11J,ut.l11, {+Nt1 ... u.i.-.1.~VtotWlfff !S-'Sl)UUU4ut.1U Uftz.U'!Jlt.-il~t•.1..e1 r.r,,,,,..i:,..nU'°'\~fat..TA..c.. IUJl~~UUM.UI ,,,,,:l"h:\t ,~ ,,.. fl't~n_AM,:111W1.,~1 lfU}fll-HH•l\1U •toJ('UJ'flJ!X;tl~'t i....,.-1o1,u...H t♦•4~t~U -'f,p,111>•lluMNc,,,11uJo.,_..,ol •WV>w,1111,J.ha.-tt,ttrllil+Ul'•t-« ltilww tiln Plan Check Software & Bluebeam REVU: ERSC utilizes Bluebeam Review to perform all plan check redlines. The software allows for clarity, precision, and speed in performing redl!nes for plan check projects. ERSC has utilized Bluebeam in various capacities since 2017, with complete migration of our team to the software in 2020. As a result, ERSC's team can quickly adapt and on board any of the City's preferred software for reviewing and documenting plan checks. Comment Memo: As a part of the plan check process, ERSC summarizes all plan check comments in a memo format. Most frequently, our comments are summarized by sheet or section number and accompany the redlines with delivery. Some additional comments are occasfonally included in the memos when requesting further information or compliance with certain conditions of approval. The memo is compiled in Word format to allow the engineer of record to reply to any ERSC comment. Internal Tracking and Assignment: ERSC assigns plan check to internal staff utilizing our dedicated plan review software platform. Plans are assigned to an engineer with the applicable due dates, notes, and O•m•,-. (•1c,u•,:u11w-,f,H @'<>•!·• P{~t,1: •~/-'Vlftl-rt l'l)'lof<,-.h'l•• •."t'>'C,..'Ul9'.-1":11'-"f f,Q.Xl_4• Mil'l».,, 1--_: •HtB.t:~!--t't-'"V-_a,U~! 1.:b:~r'lt;1',t.'1,:)" ,.i•Ul ~W,t;;j H/.,(no1MMflO ,W.W1J1«VhUH11~, PWt«POU•W,tHO,nlky vw.'fl<lr,.., f\nPnlfdl1;rn r/:.1t·,1ltf,'<; 1 ~--+-••• t,4,r,,. .. ,i.,....u n,11, ◄ "',_,1 n,n::-.•• 1,,.::,.,;-.; ,· :.-: :•,. ·• ~ 1"( ... ~ µ,.n,,1 h'(Vn••"'~ ........ toltrJ..,d,n , n,,,.-..J,..._.,., ... ..u,"",1 .. ·,,..,.,.1,'...J..:. .. ,1.•..t: .• , • , .•• , : ~lt•,:►-Uh-:--5/f~h•!h~l/:,-'-~mi..1,,l·.!).LL', .. •.-.,• •-".U ~ ('1-Jrt•.: ..-11t.T"llll'"',U~oi lh<1f I 11,..J.lt l~IINl 1h.o••"'-' 1"11♦I h~•,f H,11~\al.1 .. ul .... ,. l,,l..l;o,,tf .,.., '-"'• _, ILi tcU.~f ,.._,4ui,1o ... ,-.&~ hU •'4-,,.,...;~,,t ,1,....,.1 J \ t\,fj 11. l••,:;,1 11,p t .~11<1 ,<u, .. l,'I o._,-,J,,,,l'f•~l \1 , l•• I ' ,-. I ~-f >t, l,',,-...q 1,ip,.,t Hilrh..,.:-\.1 ~I 4l'1 ,,..,.._,v, f'i••lr..._-c..,..,1 \111'1)\Qltrnr.w ~ ... ,,....,.. .. ..,...,~., 1,,1-,.41"""""' .. filt~:;,,~~ 1"'1"'"':"i'W .... « v...u,,.,.,,.,~-u,11a.1 :.~::=~~i:,:~ ~ ':-!7.:i~ .... "!::U} ....... ~ ... ,,.., rt•fJl'CH/Tln .,., .. ,.1. .... ,,\·•,'<\f ww.w,, ... :i....at ,--.ft"'4f nnu11 ,,.. IUt•♦-ju\C.a 1,, h"?'l'ut,.t,,(.n,hl\l,,fh l,1 1a).l..tlll.T11h" ... V,,..·,,\11,tl.l,1 ,.....,,n, .... ., U!t:►«U t1rr'~"" ht 377 other information. Upon review completion, the engineer will assign to QA/QC, who wlll review and add other comments as necessary, When QA/QC rs complete, the QA/QC will assign to ad min staff for package and electronic delivery. Use of this system allows ERSC to monitor status on a per-client and per-project basis to allow for adherence to established schedules and quality expectations. Electronic Capabilities: ERSC successfully provides electronic plan check delivery to most clients by utilizing our Internal Sharefile system, The current system allows for delivery, receipt and City access to files, developer restrictions to only their files, and notifications of uploads and deliveries. City staff have been provided usernames and access files as needed for reference. ERSC uses this system to provide 24/7 access to the City, Task Order Accounting: ERSC utilizes Deltek Ajera (ERP), a Financial Management System that tracks time and expenses in real-time. ERSC assigns an individual phase number to each task in the system using the City's tracking/file information and the project name. Then, each team member completes a timesheet in the system against the assignment's phase number. Upon invoicing, the City can reference each project's charges by City tracking/file information, the project name, and an overall cost accounting for the billing period. ERSC Plan Check Process Notifies City of New Project for Plan Check submittal. Aeque,l Project Information and Calculate/Collect Fees. Pay Associated Plan Check Fees. Notify ERSC of New Project for Plan Check, provide projecl info and Engineer Contact Email lo rnsc. Upload to link provided by rnsc, notify ERSC of resubmillal. Download redlines, make corrections, resubmit to i:::-1~sc. Upload redlines and supporting info lo HP Initiate review of Project. Retrieve plans, enter into internal tracking and/or accounllng systems. Sile, send download link , lo l:ngineer of Record/City. ; ! Final ~eslgn I Create project folder in ' nP systern, provide link for plan submittal lo E;ngineer of Record. Upload Plans and supporting information to rnsC-provided link. ·S·--·---►·S···>·0 ERSC determines plans complete, !;RSC requests signed mylar/original from l;;ngineer of Record/City. Additional Services Submil lo £RSC phy$ical mylar/original with Engineer of Record ~ignalure, Or eleclronlc mylar package; City lo confirm preference. Drafl Approval loller, Supervising Professional Sign & Stamp mylar/original. Submit Signed & Stamped mylar/original \o City Offices. Receive documents, process for permit/internal approval. ERSC is accustomed to providing additional assistance services as a part of Plan Check services. Some of the commonly provided services are outlined below. City Surveyor ERSC acts as City Surveyor for numerous Cities in the Southern California region. As such, Robert Ollerton1 PLS, can serve as City surveyor. ERSC's representative will sign and stamp maps on behalf of the City. Traffic/Transportation Engineering ERSC's in-house traffic englnee~ Rusty Beardsley, PE, TE, can serve as Traffic Engineer during the course of a contract with the City, He will review traffic and transportation planning documents on behalf of the City and recommend for approval. 14 378 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Houdy Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen ( 15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thi11y (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 379 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 380 EXH I 8 IT "B" Professional Staff President ........................................................................... $320.00 Vice President .... , ................................. , ............................. $275.00 Sr. Principal Engineer ......................................................... $270.00 Principal Engineer ............................................................ ,. $240.00 Assistant Principal Engineer .............................................. $225.00 Engineer V .................................................................. , ...... $205,00 Engineer IV .................. ,, .. , .. ,, .... ,,, .. ,, .................................. $185.00 Engineer Ill ........................................................................ $170.00 Engineer II ......................................................................... $155.Q0 Engineer I .......................................................................... $135.00 Engineering Staff Principal Engineering Associate ......................................... $220.00 Senior Engineering Associate ............................................ $200.00 Engineering Associate V .................................................... $175.00 Engineering Associate IV ................................................... $150.00 Engineering Associate 111 .................................................... $140.00 Engineering Associate 11. .................................................... $125.00 Engineering Associate 1. ..................................................... $120.00 Engineering Aide II .............................................................. $70.00 Engineering Aide I ............................................................... $65.00 Survey Staff and Services Principal Surveyor .............................................................. $225.00 Senior Surveyor ................................................................. $185.00 Surveyor Ill ... , .................................................................... $150.00 Surveyor II ......................................................................... $130.00 Surveyor I .......................................................................... $110.00 2-Man Survey Crew (Std Equipment/Truck) ...................... $320.00 l~Man Survey Crew (Std Equipment/Truck) ...................... $250.00 3rd Man on Survey Crew ................................................... $140.00 Construction Support Staff Construction Manager ....................................................... $225.00 Chief Construction Inspector ............................................. $175.00 Sr. Construction Inspector ................................................. $165.00 Construction Inspector ...................................................... $150.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $200,00 Inspector Overtime (Hours 12+/Sundays) ......................... $235.00 Administrative Staff Operations Manager ......................................................... $125.00 Operations Specialist ......................................................... $105.00 Administrative Assistant 11 ................................................... $95.00 Administrative Assistant 1 .................................................... $85.00 Other Direct Expenses Vehicle Mileage ................................................ $0.70/Mile Subconsultant ................................................... Cost+ 20% Reimbursable Expenses/Charges ..................... Cost+ 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent increase in California Consumer Price Index-All Urban Consumers for the twelve-month period ending February as calculated by'the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR. Unless otherwise established by contractual agreement, payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum). January 1, 2025 381 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIVYYY) ~ 4/23/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER ~2~1~cT Certificate Department Cavlgnac r,t',gN:o s:vl\• 619-744-0574 Ir~~ Nol: 619-234-8601 451 A Street, Suite 1800 San Diego CA 92101 ioMo~~ss: certlflcates@.cavlanac.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Casualty Company of America 25674 INSURED ENGIRES-01 INSURER e: Hartford Casualty Insurance Co 29424 Engineering Resources of Southern California, Inc. INSURER c: Berkley Insurance Comoanv 32603 1861 W. Redlands Blvd, Bldg 7B Redlands CA 92373 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 536850863 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF ,~8hl%~ LIMITS LTR lllC!n UAtn POLICY NUMBER tMMIDD/VVYY\ A X COMMERCIAL GENERAL LIABILITY y 6802H222963 9/1/2024 9/1/2025 EACH OCCURRENCE $1,000,000 -:=J CLAIMS-MADE 0 OCCUR ~~~~iJ?E~~~?onco\ -$1,000,000 -MED EXP (Any one person) $10,000 -PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =i [Z]PRO-[Z]Loc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: DeducUble so A AUTOMOBILE LIABILITY y BA2S03978A 9/1/2024 9/1/2025 COMBINED SINGLE LIMIT $1,000,000 IEa accident\ x ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY t--AUTOS HIRED NON-OWNED r:e?:~~RAMAGE $ ,___ AUTOS ONLY -AUTOS ONLY s UMBRELLA LIAB HOCCUR EACH OCCURRENCE s t-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION 72WEGGG6371 9/1/2024 9/1/2025 X I ~ftuTE I I OTH- ANO EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? {Mandatory In NH) E.L. DISEASE -EA EMPLOYEE S 1,000,000 ~~St;~~f~~ ~n?oPERATIONS below E.L. DISEASE • POLICY LIMIT $1,000,000 C Professional Liability AEC9080064Q5 9/1/2024 9/1/2025 Each Clalm $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) Additional Insured coverage applies to General Liability and Automobile Liability for City of Huntington Beach, Its officers, elected or appointed offlclals, employees, arnts and volunteers per potlcy form. Primary and Non-Contributory coverage apptles to General Liability per potlcy fom1. Profjal Liability - Claims made arm, defense costs Included within llmit. If the insurance company elects to cancel or non-renew cove\'JWi{'l8f\\'lf f!t5¥\Wl'er t n nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. APPRO · ~ CERTIFICATE HOLDER City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 ACORD 25 {2016/03) B~: MICHAEL J. VIGLIOTTA r-lTV ATTORNEY CANCELLATION TINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD 382 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC. FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSUL TING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal c0111oration of the State of California, hereinafter referred to as "CITY," and CSG CONSULT ANTS, INC., a California Corporation hereinafter referred to as "CONSULT ANT. II WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Peykan Abbassi who shall represent it and be its sole contact and agent in all cons1,1ltations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 25-16427 /3 77362 1 of 11 383 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 25-16427/377362 2 of 11 384 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULT ANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-16427/377362 3 of 11 385 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-16427/377362 4 of 11 386 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to f01ihwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 25-16427 /3 77362 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 11 387 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULT ANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSUL TANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 25-16427/377362 6 of 11 388 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 25-16427/377362 7 of 11 389 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: CSG Consultants, Inc. ATTN: Cyrus Kianpour 3707 W. Garden Grove Blvd., Suite 100 Orange, CA 92868 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-16427/377362 8 of 11 390 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-16427/377362 9 of 11 391 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective pmiies to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 25-16427/377362 10 of 11 392 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, print name ITS: (circle one) Chairman/President/Vice President print name ITS: (circle one)~hief Financial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk !NIT!~ Director of Public Works REVIEWED AND APPROVED: City Manager 'city Attorney ., J 25-16427/3 77362 11 of 11 393 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. D. SEE ATTACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 394 EXHIBIT "A" City of Huntington Beach On-Cc)II Development Review Engineering and Professional Consulting Services C. METHODOLOGY Land Documents, Map Review, and Surveys Part of the professional engineering service CSG offers is to perform as a City Surveyor. The City Surveyor's role is to ensure that maps, legal descriptions, and plans prepared for private developments or public projects are technically correct. However, often the City Surveyor also routinely ensures that the, documents are comprehensive of City requirements and completed in <;1C(:Qrdance .,;)/ with the California Subdivisiqn Map Act and / local ordinances and are in substantial conformance with the approved entitlement application (traditionally the functions of the City Engineer). The City Surveyor's functions can vary, but typically include evaluating the documents submitted by applicants for completeness, reviewing and providing written comments and 'redlines,' and signing final documents/certificates or mylar prints of subdivision maps once approve(I. When complicated or unusual circumstances arise, the (:ity Surveyor often meets with and advises the City Engineer, the City Attorney, and/or private applicants and their surveyor. On rare occasions, the City surveyor may also be directed to set street monuments not set by private development surveyors or accidentally removed during public construction projects. Entitlement/land Document and Maping Review Services include: • Review tentative maps, tentative parcel maps ~md other entitlement applications. Coordinate review with other City staff and/or outside agencies as needed. • Review Certificates of Correction, Street Dedications and Public Easement Grants (Plats/Legal Descriptions), Lot Line Adjustments and Lot Mergers {Plats/Legal descriptions, and complete certificates). • Review parc;el maps, final maps, and improvement plans. • Attend follow-up meetings with Planning staff, the applicant, or others as needed to resolve issues regarding the proposal. Review subsequent submittals of the proposal. • Assist the City with the development of conditions of approval, development agreements, and other requirements associated with development applications. o Assist the City in negotiating with developers regarding terms of agreements or conditions (additional tasks associated with the entitlement process are described above). CSG will conduct the review in compliance and conformance with the following: 11 Approved Tentative Map (for subdivisions) • Conditions of Approval e The California Subdivision Map Act • The Professional Land Surveyor,s Act • Industry Standards and Local Practice 5 395 City of Huntington Beach On-Call Development Review Engineering and Professional Consl)lting Services • Title information for the property, including existing easements and any other relevant land encumbrances, based on information contained in a Preliminary Title Report (PTR) and record documents to be furnished by the applicant (a hyperlinked PTR typically works best) • Survey ~md miscellaneol)S information presented on parent record maps and deeds of the subject and adjacent properties • The Project Improvement Plans and other documents, when conformance review is incltJded in our scope of work Civil Plan Review CSG's Engineering plan check team members work collaboratively to review projects at each stage of the development process, efficiently processing projects through permit issuance. Plan reviews and responses to comments may be expedited upon the City's request. Plans are digitized and uploaded to the CSG online plan review database. In addition to traditional hard copy submittal, CSG offers full electronic submittal and plan review. The CSG online plan review system facilitates faster tlJrnaround times and provides convenient progress monitoring by both City and CSG staff. Plan Review Services covers: • Traffic control plans • Signalization, signing and striping plans • Street lighting plans • Landscape and Irrigation Plans • Street Improvement Plans • Storm Drain Improvement Plans • Hydrology&. Hydral)lic analysis • WQMP • Grading Plans • Geotechnical Reports Review includes evaluation of required records, studies, and additional materials submitted by the design professional. Confirm that plans conform to the City's standard design criteria1 conditions of approval, and infrastrncture or other master plans. Additionally, • Each plan review will be accompanied by a letter summarizing the red-line comments addressed to the City's staff. A complete, red-lined set of drawings and any reports will be returned to the City. At the City's discretion, the comment summary letter and red- lined plan sheets can be scanned and submitted electronically to the design consultant to expedite the review process. • Although we understand that meetings will not be required, CSG is available to meet with the applicant/representative and the City's staff to review comments or to delineate the standards which are not being met, to facilitate timely completion of the review and meeting the maximum goal of two plan checks. CSG will accept and review subsequent submittals electronically1 when feasible, to expedite the review process. 6 396 Digital Plan Review City of Huntington Beach On-Call Development Review Engineering and Professional Consulting Services CSG has been performing digital plan reviews with various municipalities In northern and southern California. Reviews have been performed utilizing Bluebeam and GIS. Virtual communications with clients have taken place via Zoom and Microsoft Teams platforms. Additionally, CSG staff are very experienced with several land development tracking software including Accela. In coordination with the City and developer, the project architect/engineer will receive an invitation for electronic submittal from CSG. The project architect/engineer then uploads plans electronically (PDF format} to CSG via a secure server, which can be done 24 hours a day, 7 days a week. The uploaded drawing/document files are published as renditions for review and tracking changes. Once plans are uploaded and published in the plan review system, team members are notified and can begin the review process. The plans are now secure and available online to all appropriate reviewers, and accountability is achieved throt)gh workflow, time stamp and audit functionality. Plans are immediately available to the City and project team upon review completion. Subsequent submittals follow the same process for transmittal and retrieval of comments. Plan Review Team • All plan reviews will be conducted by a State of California licensed civil engineer or under the supervision of a licensed civil engineer. • Each plan review is assigned to a plan reviewer with oversight of the project manager. The assigned design plan reviewer will be committed to the project and will furnish all subsequent reviews for the project. It is the goal of CSG to provide, where practical, a cradle-to-grave approach for project review, where a review team is assigned to the project from entitlement through plan review and constn1ction to closeout and acceptance. • Map checking will be overseen by licensed professional land surveyors or by professional engineers licensed to practice land surveying in the State of California. • The review team will be available for applicant Inquiries or conferences during normal business hours, Monday through Friday, from 8:00 AM through 5:00 PM. Web conferences, fax, and conference calls are optional forms of communications between Consultant and City staff. Plan Review Submittals Schedule Development of hard-and-fast schedules for completion of development review and plan review work is difficult as timing and scope of projects is not always known. The proposed time frames for completing certain tasks are provided on the following page. 7 397 City of Huntington Beach On-Call Development Review Engineering and Professional Consulting Services Prepare Conditions of Approval Prepare within one week of request by Planning, or within reasonable shorter time frame if neeoed to meet hearing date Subsequent reviews of Engineering Plans or Entitlement Package Ten (10) working days of notice of submittal by the City -------·~------·--""'" ................ -., .... ~-··-· ............... -......... ..........-i----------~------~-- Prepare fee estimate, review bond ·.· .. ·. Ten (10) VJ~rkingdaysofrequest. estimate, or prepare permit ····-----···-··-··-·---· .. · ................... ·.··.· .. · .....•. ·._ .: .. ···: ... · .. ·•:.·:··:.·•::.:·.·:"· ..... -·_. -------· .......................... _ ................. , .... _ .. Miscellaneous Assignments Dependent on scope; typically, between five (S) and ten (10) working days Turnaround times include pickup, QA/QC, and delivery. 1 Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround time, CSG will notify the City's representative and negotiate additional time required to ensure an appropriate level of review. 2 The number of working days associated with the plan check turnaround time is based on time of project submittal. The first working day will be the day the project is received by CSG if submitted by 12:00 PM. For a project that is received by CSG after 12:00 PM the first working day will be the next business day. Expedited Plan Check Services At the City's reql,iest, we can perform plan check services on an accelerated schedule. The expedited review fees are LSx the regular hourly rates included with this proposal. Quality Assurance/Quality Control (QA/QC) CSG's in-house QA/QC Implementation Plan utilizes a peer review process with multi-level internal project checking. The Project Manager, will be dedicated to the QA/QC Implementation Plan and will be responsible for the following: , Establishing guidelines & assigning accountable personnel and responsibilities for each task. , Assuring that all deliverables are reviewed, including products from subconsultants. 8 398 City of Huntington Beach On-Call Development Review Engineering and Professional Consulting Services , Monitoring the process to ensure that the schedule and budget are followed. , Participating in internal and external reviews. J Reviewing and signing off on deliverables before submittal to the City. All deliverables, including technical engineering reports, studies, design notes, mapping, drawings1 and engineering cost estimates are subject to a multi-tiered approach for review to ensure that all products are checked for acclJracy 1 correctness, completeness and conformity with local, State and Federal standards. Deliverables will be reviewed for: J Conformance to approved formats, criteria, specifications, and professional standards of practice J AdequacVi clarity, ease of interpretation J Conformance checks between disciplines J Consistency and Constructability > Errors and discrepancies , Coordination with related designs and project elements J Incorporation of all necessary design changes I Conformance to required environmental mitigation and governmental regulations 9 399 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen ( 15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 400 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the pmiies concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 401 CSG FEE PROPOSAL TO THE CITY OF HUNTINGTON BEACH ON-CALL DEVELOPMENT REVIEW ENGINEERING AND PROFESSIONAL CONSULTING SERVICES CSG Engineering Seavices Fee Schedule EXHIBIT "B" STANDARD HOURLY RATES CSG CONSULTANTS ~ CSG Consultants' fee schedule for proposed services is provided below. Administrative Assistant $110 1~--------------~--~-•-·•·•·••·»0'•·•··c•~~-------j-- Engineering Intern $145 $250 $420 __ ,se~ior Engineer $230 TERMS • All hourly rates inclvde overhead costs including bvt not limited to salaries, benefits, workers' compensation insurance, local travel, and miscellaneous office expenses. • Overtime services and services provided outside of normal business hours will be billed at 1.Sx the applicable hourly rate. • On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. • CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. • This fee proposal is valid for a period of 90 days from date of submntal. 2 402 le CSGCONS-01 TWANG ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ._____., 4/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). PRODUCER License # OC36861 !i\>HJ;~cr Julia Perry Alliant Insurance Services, Inc. fl}8,Ntfo, Ext): (925) 280-4671 I FAX 560 Mission St 6th Fl (A/C, No): San Francisco, CA 94105 ~t'lJbss, julia.perry@alliant.com INSURERlS\ AFFORDING COVERAGE NAIC# INSURER A: United States Fire Insurance Comoanv INSURED INSURER e : Nationwide Affinity Insurance Company of America 26093 CSG Consultants INSURER c: North River Insurance Comnanv 21105 550 Pilgrim Dr INSURER D: United States Fire Insurance Comoanv 21113 Foster City, CA 94404 1NsuRER E: Pacific Insurance Comnanv. Limited 10046 INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rt: TYPE OF INSURANCE ~9.c?6 ~l: POLICY NUMBER ,1;8!B%~ POLICY EXP LIMITS IMMIOO/VYYY\ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -:=J CLAIMS-MADE [K) OCCUR X 5432352732 12/4/2024 12/4/2025 g~,1~iJ9E~ENTED s 300,000 MED EXP tAnv one oerson\ s 10,000 -._ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 Fl POLICY□ ~r8r [K] LOG PRODUCTS • COMP/OP AGG $ 2,_000,000 OTHER: s B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 X ANYAUTO ~!lnl\ X 72APB010186 12/4/2024 12/4/2025 BODILY INJURY fPer nerson\ $ r--OWNED ~ SCHEDULED I---AUTOS ONLY ,___ AUTOS BODILY INJURY (Per accident} $ f--~~fJ>soNLY I---~Braiii1~ f ,f!OPf9~1~AMAGE era enl s s C X UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 5,000,000 - EXCESSLIAB CLAIMS-MADE 5821248132 1'2/4/2024 12/4/2025 AGGREGATE s 5,000,000 OED I X I RETENTION$ 10,000 s D WORKERS COMPENSATION ~1J~Ulf_ I I ~JH- AND EMPLOYERS' LIABILITY YIN 4087479726 1214/2024 12/412025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L EACH ACCIDENT s ~FICER/M;M~W: EXCLUDED? NIA andatory n ) E.L. DISEASE -EA EMPLOYEE S 1,000,000 g~ii~r~crJN ~:~PERATIONS below E.L. DISEASE· POLICY LIMIT S 1,000,000 E Professional Llab 83 OH 0489503-24 12/4/2024 12/4/2025 Ea Clalm/Agg 5,000,000 DESCRIPTION DF OPERATIONS/ LOC_A TIONS /Y,,HIC\ES Jt<ORD 101, Addlllml Ro mid<• Schod,lo, m.,, bo oHachod II mom •P•~ I, mqulmd) ~ Re: On-Call Development Review Engmeermg Professional Consulting Serviees 2025 City of Huntington Beach, Its officers, elected or appointed officials, employees, agents and volunteers are aARl51Mt>i~ffl?e~pT6?ifr911~ o o ributory, as respects to general llablllty per endorsements attached; addltlonal Insureds, as respects to auto llabllity per endorsements attached By: MICHAEL J. VIGLIOTTA CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I (~J~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 403 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HR GREEN PACIFIC, INC. FOR ON-CALL DEVELOPMENT REVIEW ENGINEERING & PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HR GREEN PACIFIC, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to on-call development review engineering and professional consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Tina York who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 25-16427/377350 1 of 11 404 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 25-16427 /3 773 50 2 of 11 405 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSUL TANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSUL TANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-16427/377350 3 of 11 406 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULT ANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-16427/377350 4 of 11 407 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 25-16427/377350 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 11 408 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 25-16427 /3 773 50 6 of 11 409 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSUL TANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set fotih in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 25-16427/377350 7 of 11 410 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: HR Green Pacific, Inc. ATTN: Timothy J. Harnett 1260 Corona Pointe Court, Suite 305 Corona, CA 92879 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-16427/377350 8 of 11 411 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that .CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-16427/377350 9 of 11 412 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 25-16427/377350 10 of 11 413 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, EN PACIFIC, INC. print name ITS: (circle one) Chairman/Presiden~ IT : circ e ___ iefFinancial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk !NIT ·rectoroublic Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: \ ~\).._L,u._. °cityAttorney 6 25-16427/377350 11 of 11 414 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide On-Call Development Review Engineering and Professional Consulting Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. D. SEE ATTACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 415 EXHIBIT "A" 1. IMPlEMBHATIQr~ PLAN As a current provider to the City of Huntington Beach, HR Green is already available to work on City projects and will need no formal implementation of our services. To that end, we are also familiar with the City's chosen plan cl1ecl< software systems: Bluebeam and Accela. 2. SCOPE OF WORK Entitlement Review Processing New Development/Enhancing Community Engagement Since maintaining an effective entitlement process is critical to support a thoughtful community development process, HR Green will work closely with Huntington Beach's planning team, meet with prospective developers and their engineers, and participate in meetings early in the planning process to collaboratively shepherd projects through to construction. Our team of engineers have taken projects from ucradle to graveJI. We have worked with Planning Departments in multiple agencies to move applications through the entitlement process by writing the Engineering conditions of approval, providing the plan review of those plans, overseeing and coordinating the construction with the field inspectors, and ultimately releasing the bonds Qfter the warranty period is over and the City accepts the project into the City maintenance system. Since several of our staff have served as City Engineers and Public Works Directors, we are uniquely qualrfled with a discerning eye for City concerns that permeate our engineering conditions. We communicate often with Planning Departments to ensure a common understanding of project goals, the entitlement process, and city expectations to efficiently maintain project momentum. Land Development Plan Check "leveling Up" the Review Process HR Green's unparalleled review process provides for prompt, precise, and thorough plan reviews with professional comments on a wide array of development projects. HR Green has a proven internal plan review coordination process, GrnerffREx, to make certain that each plan received is properly processed and returned on time. The GrnenTREx development review process/program allows us to efficiently complete plan tasks concurrently. This is a formalized and integrated process \/\!hereby Technician data input and processing, Review, and Experienced professlonal staff manage quality control functions that are consistently fmplemented on each and every project. This allows multiple HR Green staff to assist at any phase of the processing, review, and approval. While most processes represent the old guard and more of the same, HR Green is evolutionary; bringing fresh and new ideas, using the latest technology, advanced permitting, and project software. HR Greeno I> City of Huntington Beach PACIFIC 1 A Robust Electronic Plan 1 Check Platform Offered Free · . to. Huntington Beach HR Green utilizes proven electronic plan 1 review processes that save time and costs of printing, delivering, handling, and storinfl copies of plans for review. Our plan checl< leaders are industry- recognized thought leaders in advancing , the robustness of paperless plan review · solutions. Our plan check team has served as technical advisors to various t software provioers to incorporate new tools and refine the latest release of their integrated electronic plan check solutions. We are proficient in using electroni.c plan review systems and constantly work with agencies and applicants to move exclusively to a paperless environment. This is critical on larger, multi-disciplined projects where there may be overlap between design disciplines. Currently, weare working with Agiline Software, a leading software development firm, and their CityView360°module to seamlessly upload, track, and review plans. This software can interface with many permitting software and portals and provide a seamless conveyance of ~:r~atlon between the City and HR at NO COST to the City. ==~=w=--====oz,;J 416 DIETAllED TASK-BVqTASK SCOPE Of WORK WfP; 31ft IJMiOffftiernt hi! lfil!UlmernaJJS ~~®tttln:.H1HC !P)~i3lll1l u'®'lffije\Jij $jy~i~Hrns, U£r!lt~(UJidl~irn@J A©cel~. This is critical on larger, multi-disciplined projects where there may be overlap between design disciplines. Comments from each review are summarized electronically by our staff, Design responses can be added and included with the next submittal to verify that all comments have been addressed. This approach has been effective in resolving comments at early stages, avoiding repeat comments by reviewers, and coordinating responses among disciplines. Step ·1 -Project intake Prior to beginning our initial plan check project, the Plan Review Manager and Engineering Technician will review the submittal for completeness and areas of design concern. If necessary, we will conduct a meeting or conference call with the applicant to discuss the concerns, local code policies, documentation procedures, plan processing protocols, plan review checklist items, and scheduling. Step 2 = Initial Review Once HR Green receives a complete set of plan documents, we will perform our plan revrew in the agreed-upon tfmeframe, checking for compliance to all applicable codes and standards. All corrections are identified based on compliance with: ?r-City Grading Standards and Grading Ordinances ~f• Callfornia Building Code (latest edition) ~ City Development Design Standards and Checklists r,, Orange County Hydrology Manual and Desrgn Guidelines and Standard Plans i> Caltrans Highway Design Manual, Traffic Manual, Standard Specifications and Standard Plans [;J, California Best Management Practices Handbook for storm water BMP's !P NPDES Municipal Separate Storm Sewer System (MS4) Permit, Drainage Area Management Plan, Water Quality Management Plan Guidance & Template, etc. [\:,, City General Plan and Specific Plans ~-Conditions of Approval ~,,. Americans with Disabilities Act HRGreenv I> City of Huntington Beach PACIFIC ~ PROWAG Accessibility Requirements (if adopted by City) ~· Subdivision Map Act Corrections are identified by adding comments to the plans and a correction letter/memo is generated detailing what items need to be addressed before plan approval. The correction letter/memo will contain the date plans were reviewed by our plan review staf( project name, City reference number. plan type, submittal number and a sheet by sheet list of the corrections. At your discretion, upon completion of the initial plan review. a debrief between our staff and the City can be coordinated so that our firm is aligning with the Citts expectations. Marked up plans, the corrections memo, and a transmittal will be sent electronically (or by overnight if hard copy submittal) to the City and/or the engineer of worl<. Step 3 ~ Rechecks Upon receipt of the resubmittal package from the applicant, we will verify that the resubmittal package is complete. We will assign the package to the same reviewer who provided the prior review and perform a recheck in the agreed-upon timeframe. This process will be repeated until tt1e project plan documents are ready to be recommended for approval. Step 4 = Plan Approval Once all comments have been addressed, HR Green will request the mylars, wt1ich will receive a final review by the Project Manager who will initial when complete. For maps and other survey documents, the HR Green acting City Surveyor will sign the final documents. The final submittal package will be transmitted to the City with a letter recommending approval. 417 T R EX 4 Final + Parcel Maps I Tentative Maps HR Green Recelves PDF Easements, Dedications, of Plan Submittal + Enters Vacations, + Quitclaims Information into system Lot Line Adjustments, Parcel Mergers, Cerlif icate of Corrections+ Cerliflcate ol Submittal Intake Checklist. Compliance Notiry City If Street Plans Quality Reviews Submittal Is Complete. Signage + Striping Plans Street Lighting Plans City Receives Plans Discuss l<ey Issues Traltic Signal Plans from Applicant with City+ Finalize Comments Clly/Design Engineer + Assigns Project Project Manager Traffic lmracl Analysis Traffic Control + Conslrucllon Detour Plans Grading Plans Budget Hours Erosion Control Log Out Project Storm Drain Plans Hydrology/Hydraulic Studies Distribute Plan to WOMPs Appropriate Plan Review SWPPPs T earn Member(s) Sewer + Waler + Recycled Waler Plans lility Permits (Encroachment Cell Sites, Fiber Optics) Quantity Estimates + Engineer's Cost Estimates Prepare Corrections Memo EXPERIENCED TECHNICIAN R!EVUEWER PROFESSIONAL On-Call De\jre1ooment Review & Professional Cit}:1~:u:!!!trn Services HRGreen. l> City of Huntington Beach PACIFIC 418 HR Green1s service methodology is that of adaptation. No two assignments or staffing needs are the same. Understanding the demand of the assignment drives the level of service. It takes sitting down with the agency1 comprehending the level of needf and having the diversity and flexibility of resources to propose individuals best sulted for the task. Once selected for a given assignment) our Project Manager, Tina York) PE, will oversee and guide our staff and subconsultants (as-needed) and request regular agency feedback for project success. Our plan check team has been providing electronic plan reviews for two decades. While we still do the hard copy reviews when requested, well over 90% · of our reviews are completed electronically. Our land development review services include: ~ Civil Engineering Design Plans -Most of our plan review team has over 30 years of experience providing plan review for grading (mass, rough. and precise), erosion control! WQMP, hydrology and hydraulic studies, soils reports, streets, street lights, signing and striping, traffic slgnalsf water and sewer plans, storm drains 1 all supporting calculations, and utility permits including small cell and fiber optics. Each plan is compared to the appropriate Specific Plan, the final map, and other improvement plans for the project to verify conformance and no conflicts. Water, sewer, and storm drain plans are compared to the master plans. The plans also go through a thorough investigation for compliance to conditions of approval, Federal, State, County, and City standards and regulations, Municipal Codes, Ordinances, Resolutions! policies, procedures, checklists, and City approved format/preferences, Caltrans Standard Plans and Specifications, Traffic Manual, and Highway Design Manual, and the County of Orange Local Drainage Manual and Hydrology Manual. Water Quality Management Plans are reviewed for compliance with the Model Water Quality Management Plan and Technical Guidance Document and all requirements set forth by the Santa Ana Region of the State Water Resources Control Board. i~ Subdivision Map Checking -Our survey review team is conversant in the requirements of the California Subdivision Map Act. The review of each tentative map, parcel or final tract map, legal HRGreen. I> City of Huntington Beach PACIFIC description 1 lot line adjustment and easement deeds includes the coordination of the documents submitted for review (map, closure calculatlons. etc.) for compliance with the Citls Municipal Code, Resolutions. Specific Plans, Conditions of Approval, Tentative Mapr checklists, and City approved format/preferences as well as County of Orange Subdivision Manual and Subdivision Code. At the conclusion of each development review, the reviewer digitally stamps (signs hard copies) each sheet of the red-lined document or the cover page on reports with the date, reviewer 1s initials, and submittal number. The red-lines, a comprehensive comment letter, and checklist are provided to all stakeholders, ENTITLEMENT nEVIEWS (CONDITIONS Of APPROVAL) Our team is tailored to meet all aspects of the entitlement process. For a review of an entitlement project, HR Green will notify the City that the application is complete and ready for in-depth review and coordination with the appropriate City Staff (Engineering Project Manager and City Planner) to ensure the project conforms to zoning, General Plan, and other City master planned documents, including drainage, circulation, grading ordinance, etc. Our review will ensure consistency with Citts zoning codes and development regulations. The review is written to provide clear direction tor the development project. Upon completion of the project review, HR Green will submit a report to the City setting forth our findings and recommendations from an engineering 419 perspective. The report will Include conditions of approval and mitigation measures tied to the development. HR Green reviews architectural site plans, elevations, technical reports/ studies, landscape plans, tentative tract/parcel mapsf and other documents associated with land use entitlements. UTILITY PERMIT REVIEWS Proven Experience = 100% Safety Track Record As the full-service engineering and public works consultant for the last 9 years in the City of Jurupa Valley, HR Green has processed, reviewed, and issued an average of 700 utility permits per year! Our team also provides these reviews for the Cities of Palos Verdes Estates and Moreno Valley. Because of our extensive experience, we have worked with the largest and the smallest of utility companies as well as large deveropers and individual homeowners. We ensure the public interest is preserved and safety is our primary concern. While we review the plans for compliance to all City and Public Utility Commission standards and requirements, we confirm the traffic control and pedestrian safety is appropriate for proposed work. Additionally, HR Green is at the forefront of review and implementatlon of broadband, fiber optics, small cell, and 5G technology. The September 26, 2018 FCC Small Cell Preemption Order was meant to accelerate small cell and 5G deployment nationally. HR Green has helped more than 20 cities nationally, includlng the Southern California cities of Escondido1 Redlands, Laguna Beach, Jurupa Valley, and Pico Rivera, maintain a significant amount of authority and flexibility by negotiating win-win outcomes that benefit carriers while addressing key community concerns, such as aesthetics, availability of high-speed telecommunications, and public safety. This includes, but is not limited to public policy development, design standards development, plan review, permit processing, co-location agreements, and construction inspection. COLLABORATION Augmenting Plan Review Services Through Communication Our Project Manager, Tina York, PE, is a hands-on manager. Tina wlll be 100% available to the City of Huntington Beach during this contract. She actively monitors all services and has a goal to get plans approved at t11ird submittal. She will confer and/or meet with the City, developers, engineers, surveyors, and contractors. She will prepare agendas and attend all coordination meetings including meetings to discuss red-lined comments for entitlement, land development civil or survey reviews, and utility permit reviews and other potential issues which may delay projects timely completions. Tina, together with our Engineering Technician, will provide you with the deliverables for review projects (transmittal, red-lines, comment letter, and checklists) at or ahead of the required project schedule. Our files are always accessible to you through CityView360° and will be delivered as a final package upon project acceptance. Tina is thoughtful, straight-forward, and a proven professional. She knows the City and the City can trust and HRGreeno I> City of Huntington Beach PACIFIC Regional Understanding = Local Success HR Green leverages our extensive regional experience to create local success by applying a deep understanding of the area's unique environmental, regulatory, and community needs. With a history of successful projects throughout Southern California, we brin~J proven strategies and tailored solutions that address specific local chaUen,ges. Our familiarity with regional standards and best practices enables us to efficiently navigate permitting processes and regulatory requirements, This regional insight, combined with strong relationships with local stakeholders, creates projects are not only compliant but also align with community goals, leading to sustainable and impactful outcomes for local municipalities. 420 have confidence in her, the HR Green team, and the final work product. For nearly two decades, the HR Green team of reviewers has implemented proven electronic solutions that save time and costs of printing, delivering, handling, and storing copies of plans, documents, and survey records. Our plan checl< leaders are industry-recognized thought leaders in advancing the robustness of paperless solutions. Tina and other HR Green professionals have served as technical advisors to paperless data management/reporting software solution providers to incorporate new tools and refine electronic solutions. We leverage and are proficient with various software solutions (e.g., Bluebeam Revu, Adobe, Accela, TRAKiT, EnerGov, Agiline, ePlanSoft, etc.) to not only create a paperless environment, but also provide healthy reporting for smart decision- making. We are constantly implementing the latest tools available in software. CtUJrrnrroti:}19 W® ~Ir® woirkfitril@ watlh A~mrni® Sofiwiirev a ~eard!hig software dewe~@[P)meiroi, soh11ftio1rns1 a!l1ltdl colr!lsOJmng firm. Their CityView36O° module (see screenshot below) allows for the seamless interface with Accela to upload, track, and review of plans. This portal is available on day one at NO COST to the City of Huntington Beach. CityView360° makes it easy to connect and visualize your information. You will have 24/7 real-time access to accurate and reliable data and information in order to see trends, make informed and timely decisions, and undertake long-term strategic planning. Agiline Software's CityView36O° is comprehensive tool to collect! validate! transform, organize, present and act on information received from several data sources. CityView36O° makes it easy to connect and visualize your information using rapid application development. Agiline has seamlessly integrated with various software solutions and created very informative reports and key performance indicators (KPI) reporting. "HR Green's ®i~©trnriiit g»~~iru tlheck ~yst:p;m ~rnvid®~ arrnstafl1lt ffi~® @J®!nv~ry to au rnspmusffbl@ peu-Ue~, I· making the review process more efficient and expeditious; at-a-glance history of alf data transfers; and instant ~ project deadline tracking and notification." d -Carmen Barsu, PE, QSD Associate Civil Engineer, City of Pomona HRGreen. t> City of Huntington Beach PACIFIC I I 421 3.SCHEOULE HR Green is committed to meeting or exceeding your plan review schedule. We will meet the required shot clocks required by the PUC for cell site reviews and fiber optic installation reviews. We have consistently maintained a 95+% turnaround review schedule success rate. First Submittal Second Submittal Subsequent Submittals "FAST-TRACK" ~ EXPEDITED REVIEW 15 working days 10 working days 15 working days 5 working days 15 working days 5 working days First Submittal 5 working days or as requested by the City Second and Subsequent Submittals 3 working days or as requested by the City 4. EXPECTATIONS / DUTIES OF CITY STAFF Management/ &'> Maintain Project log Administrative f;;, Meet with City staff regularly to: • Discuss consultant performance • Inquire about revisions/updates to City/County policies/procedures • Discuss ideas to improve efficiency of comprehensive review process Before Review ~ Verify the necessary items for project review are submitted " If complete: • Budget hours and determine due date • Commence project review • If incomplete or not ready for review: discuss next action with City Continued on the next page On-Call Dmirelooment Review & Professional Gon1su1una Services HRGreen. I> City of Huntington Beach PACIFIC ~ Notify HR Green Project Manager~changesw City Standards, Codes, and Ordinances ~ Meet with HR Green regularly to: See HR Green Responsibilities t'ii-Provide review documents and references to HR Green Permit Technician 422 During Review ~ Check for conformance with the Conditions of Approval (COA) 11 Check off each applicable COA as it is satisfied • Identify outstanding COAs in the corrections memo IP' Perform conformity review of each submittal with: • General Plan and City Ordinances • Applicable Design Guidelines a Specific Plans " Tentative Map • Conditions of Approval 11 Resolutions 11 Subdivision Map Act • Land Surveyor Act " Survey Documentation • Standards • Bond Unit Price List 11 Checl,lists .. Current NPDES Stormwater Permits and Statewide General Permit ~,,,_ Perform conflict check of each submittal with provided: • Existing plans 11 Grading and street improvement plans .. Water and sewer plans 11 Storm drain plans 11 Utility plans • Final map .. Easements • Building improvement plans • Reports (e.g. soils, traffic, hydrology/hydraulics) • Fugitive Oust Control (PM10) Plans 11 Water Quality Management Plan (WQMP) After Review . f/;> Quality review check by Project Manager ~ Deliver submittal to City and update Project Log : ~ Provide City with the following deliverables: ,. Red-lined plans, studies, estimates, and WQMP " Corrections memo 11 Copy of checklists ·~Participate in a plan check meeting after the 1st Check and in weekly DRC meetings · * Prior to subsequent reviews, the Engineer of Work must return the deliverables with written responses to the corrections memo ► Provide guidance to HR Green review team when engineer of work requests variances to City requirements. ~ Attend plan check meetings facilitated by HR Green with the applicants. Other ~-Perform other review and other services as authorized by City staff ~e, Notify HR Green of any additional City needs. HRGreen. I> City of Huntington Beach PACIFIC 423 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen ( 15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 424 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 425 EXHIBIT "B" Personnel Classification Hourly Bming Rate Expedited Hourly mmng Rate Prrncipal-in-Charge/Program Manager $300-375 $345-431.25 Project Manager $300-350 $345-402 .50 Civil Review Lead $240-275 $276-264,50 Survey Review lead $190-230 $218.50-264.50 Traffic Engineer Lead $300-350 $345-402.50 Water Quallty Review Lead $190-230 $218.50-264.50 Structural Reviewer $190-230 $218.50-264.50 Senior Reviewer $200-230 $230-264,50 Associate Reviewer $150-195 $172.50-224.25 Permit Technician $1 oo~ 130 $1 i 5-149,50 Subconsultant Cost+ 15% Cost+ 17.25% Notes: 1. Other classifications are available based upon the needs of the agency. 2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract. i?UJif®~~~m11a~ fteomLHJJrn1t1mierrst / IH!m,91r~y ~ndi Ou~u-tom@ ~ate~~ The hourly billing rates include tt10 cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime l1ours. mrncUReombll!rnsiMe !Eiqpeu1sres amd SM!tmom;mitairnts: Reimbursement for direct expenses, as listed below, incurred in connection with tt1e work) will be at cost plus 15% for items such as: a. Subconsultants and other outside services, if needed. b. Mileage and vehicle costs directly related to agency services. Our hourly fees/rates shall remain effective through December 31, 2025 and may be adjusted annually thereafter as negotiated with and agreed to by the agency. HR Green. I> City of Huntington Beach PACIFIC 426 I 1 J'/l-~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYVY) ~ 4/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Cl:ln'IFICATE 0O1:S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). PRODUCER ~2~I~cr Sandra Molina Holmes Murphy & Associates ;f,gNJ:o i:vtl• 319-896-7707 I rt~.Nol: 2727 Grand Prairie Parkway Waukee IA 50263 ioMlJ~ss: smolina@.holmesmurphy,com INSURER{S) AFFORDING COVERAGE NAIC# INSURER A : Travelers Property Casualty Co. America 25674 INSURED GRECOMPC INSURER B : XL Specialty Insurance 37885 HR Green Pacific, Inc. INSURER c: Zurich American Insurance Comoany 16535 1260 Corona Point Court Suite 305 Corona, CA 92879-5013 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 102575245 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,~ij)Bg~ ,~3hl%~ LIMITS LTR IJH:n wvn POLICY NUMBER C X COMMERCIAL GENERAL LIABILITY GLO373096715 1/1/2025 1/1/2026 EACH OCCURRENCE $2,000,000 -~ CLAIMS-MADE 0 OCCUR PREMIS 1m'E~~~nce\ -S300,000 MEO EXP (Any one person) $10,000 ,~ PERSONAL & ADV INJURY $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 =i [8JPRO-[8]Loc PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY BAP373096815 1/1/2025 1/1/2026 &~~~~d~~tf INGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODIL y INJURY (Per accident) $ --HIRED NON-OWNED riROPERlY DAMAGE AUTOS ONLY AUTOS ONLY Per accident\ s -- s A X UMBRELLA LIAB ~OCCUR CUP8S97473325NF 1/1/2025 1/1/2026 EACH OCCURRENCE $10,000 000 - EXCESSLIAB CLAIMS-MADE AGGREGATE S 10,000,000 OED I X I RETENTION$ rn nn/\ s C WORKERS COMPENSATION WC373096615 1/1/2025 1/1/2026 X I ~¥~TUTE I I OTH• ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERJEXECUTIVE ~ NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NHl E.L. DISEASE· EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $1,000,000 8 Professlonal Llabllily DPR5037729 1/1/2025 1/1/2026 PerClalm 5,000,000 (Claims Made Coverage) Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlllooal R•m•"• Sohod,., may b• attacl<od II mo,o '''" b "qol,od) uf 2404279: Huntington Beach, CA -On Call Clvll Plan Check General, Auto, Umbrella & Professional Liability and Workers Compensation Includes an endorsement providing 30 days' notice of cane atlon II e furnished to the certificate holder. APPROVED AS TO FOR By: MICHAEL J. VIGLIOTTA CITY ATTORNEY • -& ...... CERTIFICATE HOLDER CANCELLATION Cl TY OF HUN I INU I Vl't w-.-,.-• • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 4·a,~ I @1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH Finance Department NOTICE OF INTENT TO AWARD Date: April 15, 2025 Project: On-Call Development Review Engineering & Professional Consulting Services 2025-0313 Selected Proposer: Multiple The evaluation panel assigned to City of Huntington Beach RFQual. No. 2025-0313, On-Call Development Review Engineering & Professional Consulting Services recently convened to evaluate the proposals submitted to the City. The City evaluated the 16 proposals received using a Qualifications-Based Selection (QBS) process incorporating a multitude of factors aside from, but including, pricing. The criteria utilized to evaluate the proposals are as follows: • Compliance with the RFP Requirements • Approach, Understanding of Project and Methodology • Qualifications and Experience • Educational background, work experience • Proposed Cost, Price, Fees • References They have made the conclusion to award this RFQual. based on this evaluation. The following table illustrates the final distribution of all proposers after this comprehensive evaluation process. Upon award, copies of all proposals related to this RFQual may be requested for review. Selected Non-Selected DMc Engineering TKE Engineering, Inc. Ardurra Group, Inc. Harris & Associates, Inc. Willdan Engineering Transtech Engineers, Inc. HR Green Pacific, Inc. Bureau Veritas North America, Inc. Engineering Resources of Southern California, Inc. Ladayu Consulting Group CSG Consultants, Inc. Cannon Corporation Villa Civil Stantec Consulting Services Inc FEI ASSOCIATES CONSULTING ENGINEERS FIELDTEK ELECTRIC LLC 427 The City would like to thank all proposers for the time and resources contributed toward this RFQual. process. If you were selected a City representative will be reaching out to you for next steps of contract execution. Congratulations and we look forward to working with your firm for these scope of services. With regards, Cody Hernandez Buyer Cody.hernandez@surfcity-hb.org 428 Professional Services Contracts for On-Call Development Review Department of Public Works May 20, 2025 429 BACKGROUND • The Public Works Department requires on-call plan check and other engineering services for as-needed support staff to assist with private development plan check and general engineering support services. 430 NEED/WHY/BENEFITS • Applicants who submit private development projects to the Public Works Department are required to pay fees for plan check and development review services. Reasonable service levels are expected in return. Historically, when development activity increases such that City staff can no longer meet these demands, staff’s efforts are supplemented by services provided by consulting engineers. This approach is a cost-effective method of closing the gap between the demands for service and the ability of City staff to meet these demands, while maintaining high-quality customer service levels. 431 RECOMMENDATION Approve and authorize the Mayor and City Clerk to execute a $1,000,000 Professional Services Contract between the City of Huntington Beach and the top 6 firms (listed below), for On-Call Development Review Engineering and Professional Consulting Services. 1. Ardurra Group, Inc. 2. Willdan Engineering 3. DMc Engineering 4. Engineering Resources of Southern California 5. CSG Consultants, Inc. 6. HR Green Pacific, Inc. 432 Questions? 433 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-386 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:John Nguyen, Senior Traffic Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Servitek Electrical & Data, Inc., in the amount of $950,702.50, for the construction of the Edinger Avenue and Heil Avenue Traffic Signal Improvement project (CC- 1746) and authorize an appropriation in the amount of $389,268.00 from the Traffic Impact fund Statement of Issue: On March 28, 2025, bids were opened for the Traffic Signal Improvement Project along Edinger Avenue between Bolsa Chica Street to Parkside Lane, and Heil Avenue between Bolsa Chica Street to Gothard Street. City Council approval is requested to award the construction contract to Servitek Electric, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineer’s cost estimate for the project is $1,140,843.00 including construction contingency and contract administration. Funds for the project in the amount of $76,485.00 are available in the Traffic Impact fund (Account No. 20690021.82700) and $675,090.00 in the Edinger Heil Corridor Project grant fund (Account No. 99590008.82800) Staff requests an appropriation from the Traffic Impact fund in the amount of $389,268.00 to business unit 20690021.82700 to complete the funding. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Servitek Electric, Inc., in the amount of $950,702.50; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the appropriation of Traffic Impact Funds (TIF) in the amount of $389,268.00 to City of Huntington Beach Printed on 5/15/2025Page 1 of 3 powered by Legistar™ 434 File #:25-386 MEETING DATE:5/20/2025 20690021.82700. Alternative Action(s): Reject all bids and provide staff with alternative direction. Analysis: On September 13, 2022, the City of Huntington Beach applied for the Highway Safety Improvement Program (HSIP) Cycle 11 Grant for traffic signal and operational improvements along Edinger Avenue between Bolsa Chica Street and Parkside Lane, and Heil Avenue between Bolsa Chica Street and Gothard Street. The two selected corridors met the HSIP requirement guidelines, and the grant application was approved and awarded for the project on March 13, 2023. The HSIP is a federal-aid program to reduce fatalities and serious injuries on all public roads. The focus is on infrastructure projects that recognize accident occurrences, analyze safety problems, and provide recommended safety improvements. Caltrans is responsible for selecting and collaborating with the Federal Highway Administration (FHWA) in administering the selected projects. The Highway Safety Improvement Program Cycle 11 has granted and approved the City of Huntington Beach construction funds which are allocated for the project in the amount of $675,090.00 with a requirement of the city funding a match of 20% in the amount of $166,346.00. The Edinger Avenue and Heil Avenue Traffic Signal Improvements project is part of the Fiscal Year 2024/2025 Capital Improvement Program (CIP) for the installation of retro-reflective backplates, near- sided vehicle traffic signal heads, pedestrian audible buttons, striping bike zones, and leading pedestrian intervals at traffic signalized intersections. The installation of updated traffic signal equipment will enhance safety features and improve visibility for motorists, cyclists, and pedestrians . A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened on March 28, 2025, and are listed in ascending order: Bidder Submitted and Verified Bid 1 Servitek Electric, Inc.$950,702.50 2 Yunex, LLC $1,040,229.00 3 Crosstown Electrical & Data, Inc.$1,053,823.00 4 Elecnor Belco Electric, Inc.$1,097,789.00 5 DBX, Inc.$1,150,860.00 6 California Professional Engineering, Inc.$1,164,366.30 7 Select Electric, Inc.$1,171,840.00 8 Comet Electric, Inc.$1,195,183.00 9 PTM General Engineering Services, Inc.$1,272,878.40 10 Alfaro Communications Constructions, Inc.$1,296,784.34 11 Baker Electric & Renewables LLC $1,342,171.00 City of Huntington Beach Printed on 5/15/2025Page 2 of 3 powered by Legistar™ 435 File #:25-386 MEETING DATE:5/20/2025 Bidder Submitted and Verified Bid1Servitek Electric, Inc.$950,702.502Yunex, LLC $1,040,229.003Crosstown Electrical & Data, Inc.$1,053,823.004Elecnor Belco Electric, Inc.$1,097,789.005DBX, Inc.$1,150,860.006California Professional Engineering, Inc.$1,164,366.307Select Electric, Inc.$1,171,840.00 8 Comet Electric, Inc.$1,195,183.00 9 PTM General Engineering Services, Inc.$1,272,878.40 10 Alfaro Communications Constructions, Inc.$1,296,784.34 11 Baker Electric & Renewables LLC $1,342,171.00 The total cost of this project is $1,140,843.00 as outlined below: Bid $ 950,702.50 10% Construction Contingency $ 95,070.25 Construction Administration $ 95,070.25 TOTAL $ 1,140,843.00 The grant application was submitted in September 2022, based on engineering estimates at the time totaling $841,436.00, which included the City’s matching funds for project construction. Since then, over the past three years, labor and material costs have risen significantly. As a result of this escalation, the total estimated cost of the project has increased to $1,140,843.00. A breakdown of the funding is shown below: HSIP Grant Fund $675,090 Project matching funds available $76,485 Appropriation of additional funds (TIF)$389,268 TOTAL $1,140,843 The current available funding for the Edinger Avenue and Heil Avenue Traffic Signal Improvements Project includes $675,090.00 in the Edinger Heil Corridor Project Grant Fund (Account No. 99590008.82800) and $76,485.00 in the Traffic Impact Fund (Account No. 20690021.82700). To fully fund the project, staff recommends an additional appropriation of $389,268.00 from the Traffic Impact Fund to Business Unit 20690021.82700. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Servitek Electric, Inc Construction Contract 2. Location Map 3. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 3 of 3 powered by Legistar™ 436 437 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SERVITEK ELECTRIC, INC FOR CC-1746 Edinger Avenue and Heil Avenue Traffic Signal Improvement Corridor THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ________ S=E=R=-VI-'-TE-'--'-K=-"E=L=E-=-C-=-T-=-RI==C_,,_IN~C~-------' a ______________ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ----"E"'d"'i""n,.ge""r'--'A=v-"en"'u,,_e=a.,,n,,_d-"H"'e"'i"-l '-'A'-'v-"e.,,n,,_u-"e..,T'-'r..,,a~ffi001c=S_,,ig,,n,,_a,,_l_ -~I"'m=p,_ro,,_v'--'e"'m"'e"'n,,,t,_C=or,_,r,..,i"'d-"or'----"(H=SeclPc._oG"'r,..,a,,_n~tL) _____ in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents ( as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx -revised 04/2016 438 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the tenns, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the \Vork herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 l 6-5195/City Funded Construction Contract.docx -revised 04/20 l 6 439 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision ofDPW, save only at its own risk and expense. proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx-revised 04/2016 440 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed __ N_i_n_e_H_u_n_d_re_d_Fifty_· ~_T_h_o_u_sa_n_d~'~a_n_d_S_ev_e_n_H_un_d_r_ed_a_n_d_T_w_o_D_o_l_la_r_s~, F_if~ty~ct_ Dollars ($ 950,702.50 ), as set forth in the Contract Documents, to be paid as provided in this --------- Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ------~F~o~r~ty~------( 40 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and h1 accordance ,vith the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx -revised 04/2016 441 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, reHefto COl'-JTR.ACTOR shaH be Umited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contractdocx -revised 04/2016 442 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. I 0. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTR.i\CTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx-revised 04/2016 443 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of ____ O_n_e_T_h_o_u_sa_n_d~,_T_w_o_H_u_n_d_re_d_a_n_d_T_en_D_o_ll_a_rs ____ ($ 1,210.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx -revised 04/20 I 6 444 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision ofDPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen ( 15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FORADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" n1eans a w1itten demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx-revised 04/2016 445 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; ( c) Payment of an amount the CITY disputes; ( d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW ( or his or her written designee ). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the De1nand. The Demand shall be in w1iti11g and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.docx-revised 04/2016 446 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW' s failure to respond within the time prescribed, respectively, and request an infonnal conference to meet and confer for settlement of the Demand . . Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 ( commencing with Section 910) of Part 3 of Division 3 .6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx-revised 04/2016 447 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS 1N ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schednle, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities nsed in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all ptevious payn1ents since commencement of the V/ork, wiH be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and ifDPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx-revised 04/2016 448 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all fin1is supplying niateriais and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx -revised 04/2016 449 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVEROFCLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director ofindustrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx -revised 04/20 I 6 450 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty ( 40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 13. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 I 6-5 I 95/City Funded Construction Contract.docx -revised 04/2016 451 (1) calendar day or forty ( 40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions ofCalifomia Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from aitd against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx-revised 04/2016 452 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3 700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRA.CTOR shall furnish to CITY a certificate of waiver cf subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx -revised 04/2016 453 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; ho~vv·cvcr an insurance policy "deductible,, of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx-revised 04/2016 454 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (I 0) days of receipt of such claim or claims. 18 I 6-5195/City Funded Construction Contract.docx -revised 04/2016 455 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY' s termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. Lr1 case of such termination for convenience, the CONTF~t\CTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx -revised 04/2016 456 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOS!TlON OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($! 00) for every Stop Notice file-din excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx-revised 04/2016 457 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other partY via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach A TTN:John Nguyen 2000 Main Street , Public Works Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: SERVITEK ELECTRIC, INC ATTN: GeoffReyes 13330 Bloomfield Aye, Suite 102-114 Norwalk CA 90650 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx -revised 04/2016 458 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, i1legu1 or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Constmction Contract.docx-revised 04/2016 459 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration er termination of this A .. greement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx -revised 04/2016 460 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx -revised 04/2016 461 JN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ________ , 20 __ . (print name) ITS: Chairman / President / Vice-President (circle one) By: J!.irc CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk Director of Public Works (print name) REVJEWED AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary / Treasurer (circle one) City Manager APPROVED AS TO FORM: City Attorney 25 I 6-5195/City Funded Construction Contract.docx -revised 04/2016 462 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ________ , 20 __ . CONTRACTOR: By: ____________ _ (print name) ITS: Chairman/ President/ Vice-President (circle one) AND By: ____________ _ CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk Director of Public Works (print name) REVIEWED AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary / Treasurer (circle one) City Manager APPROVED AS TO FORM: 25 16-5 195/City Funded Construction Contract.docx -revised 04/2016 \~ ° City Attorney 463 AVE. <( .,_: .,_: .,_: (/) (/) (/) ~ Mc FADDEN AVE. 0 TALBERT AVE. PACIFIC AVE . .,_: .,_: (/) (/) 0 YORKTOWN AVE. ADAMS INDIANAPOLIS <( OCEAN 0 ::J ATLANTA~ 0 z ....J (.'.) 3:: w <( z ~ HAM i r NTS PROJECT LOCATION MAP .,_: (/) 0 0::: <( I (/) ::::> CD LTON PROJECT LOCATION .,_: (/) AVE . I- (/) 0::: ::::> AVE. I :::.::: 0 0 0::: AVE . CD EDINGER AVE & HEIL AVE CORRIDORS SIGNAL IMPROVEMENT CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 Edinger Avenue and Heil Avenue Traffic Signal Improvements 5/20/2025 464 Project Location 465 ' ' i s ~--j I l ! i ' __ .,,,,, .,_.,c, I t s ! ! f ' I ~-~ !t ~'-,-... ,.~, ~~oar .s 5 ea,..-,,::;-' l ffgJL AVENUE s Io=• s,.cg\1ow !i" i, ! l ~"' ' ,.,.,_.D, _, l -amo, a: ~\{~NO; ~i· i % ! : t_.cro,. :;:i !~ i i Project Scope •Highway Safety Improvement Program (HSIP) •Awarded March 13th, 2023 •Grant Fund Awarded Amount: $675,090.00 •Project Corridor Segments • Edinger Avenue between (Bolsa Chica Street to Parkside Lane), • Heil Avenue between (Bolsa Chica Street to Gothard Street) •Traffic Safety Improvements • Retro-Reflective Backplates • Near-Sided Traffic Signal Heads • Pedestrian Audible Buttons • Green Striping Bike Lanes • Leading Pedestrian Intervals Timing 466 Project Budget •Construction Cost Estimate • Contractor’s Bid $ 950,702.50 • 15% Contingency $ 95,070.25 • Construction Administration $ 95,070.25 • TOTAL $ 1,140,843.00 •Project Funding • $ 675,090.00 from Edinger Heil Corridor Project Grant Fund • $ 76,485.00 from Traffic Impact Fund • $ 389,298.00 is requested to be appropriated from the Traffic Impact Fund to fund the project in the amount of $1,140,843.00 467 Questions? 468 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-348 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Senior Management Analyst Subject: Adopt Resolution No. 2025-38 Identifying a list of projects funded by SB 1: The Road Repair and Accountability Act of 2017 in Fiscal Year 2025/26 Statement of Issue: In order to receive State of California SB 1 funding, the City is required to annually adopt a resolution that identifies City projects that will utilize these funds. Financial Impact: Adoption of Resolution No. 2025-38 is a prerequisite for receipt of an estimated $5,203,411 of SB 1 funding from the State, which will be deposited in RMRA Fund 1247. Funds will be used toward eligible street and transportation projects identified in this Resolution. Recommended Action: Adopt Resolution No. 2025-38, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2025/26 Funded by SB 1: The Road Repair and Accountability Act of 2017.” Alternative Action(s): Do not adopt the resolution and direct staff accordingly. By this action, the City would forego the estimated $5,203,411 of SB 1 funds for Fiscal Year 2025/26 and may need to consider other funding sources for the projects listed. Analysis: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 to address significant transportation shortfalls statewide. Based on the City of Huntington Beach’s population, it is estimated the City will receive $5,203,411 in FY 2025/26 for use on eligible street and transportation projects. A prerequisite to receiving the funds is the submittal of a City Council resolution to identify proposed projects that will City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 469 File #:25-348 MEETING DATE:5/20/2025 utilize this funding. The proposed Capital Improvement Program (CIP) Budget for FY 2025/26 identifies the use of these funds, in addition to other local funds, for the annual Arterial Rehabilitation Project. The arterial streets proposed to be fully rehabilitated are: ·Newland Street (Slater Avenue to Heil Avenue) ·Heil Avenue (Goldenwest Street to Gothard Street) ·Hamilton Avenue (Magnolia Street to City Limit East of Brookhurst Street) ·Bushard Street (Adams Avenue to Brookhurst Street) The City retains the ability to alter this list as long as the funds are spent on eligible projects. Since FY 2017/18, the infusion of these funds has helped to increase the City’s overall pavement condition index (PCI). Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit www.huntingtonbeachca.gov/strategicplan Attachment(s): 1. Resolution No. 2025-38, “A Resolution of the City Council of the City of Huntington Beach Adopting a List of Projects for Fiscal Year 2025/26 Funded by SB 1: The Road Repair and Accountability Act of 2017.” 2. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 470 471 RESOLUTION NO. 2025-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025/26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill ! (SB 1), the Road Repair and Accountability Act of2017 (Chapter 5, Stat1,ttes of2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transpo1iation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Huntington Beach must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City of Huntington Beach, will receive an estimated $5,203,411 in RMRA funding in Fiscal Year 2025/26 from SB 1; and WHEREAS, this is the ninth year in which the City of Huntington Beach is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB l; and WHEREAS, the City of Huntington Beach used a Pavement Management Plan (PMP) to assist in developing the SB I project list to ensure revenues are being used on the most cost- effective projects to maintain the City's pavement condition and also meet the community's priorities for transportation investment and mobility improvements; and WHEREAS, the funding from SB 1 will help the City of Huntington Beach maintain and rehabilitate the aiierial street throughout the City this year and similar projects into the future; and 25-16424/377516 472 RESOLUTION NO. 2025-38 WHEREAS, the 2024 PMP found that the City of Huntington Beach's roads are in a good condition and this revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a good condition; and WHEREAS, the SB I project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, pavement rehabilitation and reconstruction, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have signific<1nt benefits to the City of Huntington Beach. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: I. The foregoing recitals are true and correct. 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025/26 Road Maintenance and Rehabilitation Account revenues: Project Title: Newland Street Rehabilitation Project Project Description: Rehabilitate pavement on Newland Street from Slater Avenue to Heil Avenue. Project will include limited hardscape and landscape replacement along with striping and signage improvements. Pro,ject Location: Newland Street, from Slater Avenue to Heil Avenue. Estimated ProJect Schedule: Start (06/26) -Completion (9/26) based on the component being funded by the;; RMRA funds. Estimated Project Useful Life: 20 years Project Title: Heil Rehabilitation Project Project Description: Rehabilitate pavement on Heil Avenue from Goldenwest Street to Gothard Street. Project will include limited hardscape and landscape replacement along with striping and signage improvements. Project Location: Heil Avenue from Goldenwest Street to Gothard Street Estimated Project Schedule: Start (08/26) -Completion (12/26) based on the component being funded by the RMRA funds. Estimated Project Useful Life: 20 years Project Title: Hamilton Avenue Complete Street Project Pro,ject Description: Rehabilitate pavement on Hamilton Avenue from Magnolia Street to City Limit East of Brookhurst Street. Project will include limited hardscape and landscape replacement, new landscape medians, and striping and signage improvements. 2 473 RESOLUTION NO. 2025-38 Project Location: Hamilton Avenue, from Magnolia Street to City Limit East of Brookhurst Street. Estimated Project Schedule: Staii (08/26) -Completion (12/26) based on the component being funded by the RMRA funds. Estimated Project Useful Life: 20 years Project Title: Bushard and Newland Complete Street Project Project Description: Rehabilitate pavement on Bushard Street and Newland Street including a Roundabout installation at Bushard Street And Banning Avenue. Project will include limited hardscape and landscape replacement, new roundabout, and striping and signage improvements. Project Location: Bushard Street, from Adams Avenue to Brookhurst Street. Newland Street from Adams Avenue to Pacific Coast Highway. Estimated Project Schedule: Start (06/26) -Completion (10/26) based on the component being funded by the RMRA funds. Estimated Project Useful Life: 20 years PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ___ day of ______ ____, 2025. REVIEWED AND APPROVED: City Manager Mayor APPROVED AS TO FORM: ~ City Attorney INITIATED AND APPROVED: Directorof Public Works 3 Adopt Resolution 2025-38 Project list for Fiscal Year 2025/26 funded by SB 1: The Road Repair and Accountability Act May 20, 2025 474 BACKGROUND • Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant transportation shortfalls statewide. 475 NEED/WHY/BENEFITS • Based on the City of Huntington Beach’s population, it is estimated the City will receive $5,203,411 in FY 2025/26 for use on eligible street and transportation projects. • A pre-requisite to receiving the funds is the submittal of a City Council resolution to identify proposed projects that will utilize this funding. 476 DETAILS • The proposed Capital Improvement Program (CIP) Budget for FY 2025/26 identifies the use of these funds, in addition to other local funds, for the annual Arterial Rehabilitation Project. • Proposed arterial segments to rehabilitate: • Newland Street (Slater Avenue to Heil Avenue) • Heil Avenue (Goldenwest Street to Gothard Street) • Hamilton Avenue (Magnolia Street to City Limit East of Brookhurst Street) • Bushard Street (Adams Avenue to Brookhurst Street) 477 RECOMMENDATION •Adopt Resolution 2025-38, “A Resolution of the City Council of the Cit y of Huntington Beach Adopting a List of Projects for Fiscal Year 2025/26 Funded by SB 1: The Road Repair and Accountability Act of 2017.” 478 Questions? 479 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-414 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Marissa Sur, Director of Human Resources Subject: Introduction of the Proposed Memorandum of Understanding with Management Employees’ Organization (MEO) Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Management Employees’ Organization (MEO) expired on December 31, 2024. In September 2024, the City and MEO representatives began the negotiations process regarding wages, benefits,and other terms and conditions of employment. A Tentative Agreement on the terms of a successor MOU has been reached and is now presented. Financial Impact: Pursuant to the terms of the Tentative Agreement with MEO, the total projected cost includes a one- time payment of $108,552 and a recurring cost of $2,289,853. Recommended Action: Receive and consider the proposed Memorandum of Understanding between the City of Huntington Beach and the Management Employees’ Organization for the period of January 1, 2025, to December 31, 2027, pursuant to City of Huntington Beach Ordinance No. 4154. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The MEO is a recognized employee association representing approximately 130 full-time, exempt employees across all departments. The City and MEO representatives began meeting in September 2024 to negotiate the terms of a successor MOU, and a Tentative Agreement was reached in April 2025. Salient provisions of the Tentative Agreement between the City and MEO include: City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 480 File #:25-414 MEETING DATE:5/20/2025 ·Term of three years, expiring December 31, 2027 ·Salary adjustment of three percent (3%) effective January 1 each year of the MOU ·Elimination of the Performance Bonus in exchange for an additional top step to the salary schedule for each classification ·One-time payment of $1,000 ·Annual increase to medical allowance as follows: o Effective January 1, 2025: increase by $75 per employee o Effective January 1, 2026: increase by $65 per employee o Effective January 1, 2027: increase by $55 per employee ·Two additional days of paid Bereavement Leave ·Incorporation of Personnel Rules 19 and 20 into the MOU ·Vehicle Allowance increased by $40 bi-weekly A draft version of the Tentative Agreement between the City and MEO is included as Attachment 1 with changes from the current MOU in the proposed Memorandum of Understanding redlines included as Attachment 2. The Fiscal Impact Report is included as Attachment 3. Following City Council review of the Tentative Agreement and proposed MOU, a final version of the successor MOU will be presented at the June 3, 2025, City Council meeting. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of Tentative Agreement 2. Proposed Memorandum of Understanding between the City and MEO 3. Fiscal Impact Report 4. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 481 Tentative Agreement Between the City of Huntington Beach and the Management Employees’ Organization (MEO) Article # Subject Proposal I Term January 1, 2025 – December 31, 2027 VI(A) Salary Schedule Effective the pay period including January 1, 2025, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2026, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2027, employees will receive a base salary increase of three percent (3%). VI(B) Performance Bonus Effective the flrst full pay period following City Council adoption of this MOU, the existing Performance Bonus shall be replaced with the addition of a new salary step at the top of the salary range. This added step, Step H, will be a 5% increase from current Step G. VII (C) Special Pays – One-Time Payment All MEO employees currently employed on the date of City Council adoption of the MOU shall receive a one-time payment of $1,000, which they can receive directly on their paycheck or deposit into their deferred compensation account. VIII(B) Uniforms – Affected Personnel Table modifled to: 1) Include all police personnel 2) Update Job Type and Classiflcations to refiect the changes implemented following the Citywide Class and Comp study X Health and Other Insurance Beneflts – Maximum Employer Contribution City contribution toward employees’ health insurance at each plan level (i.e., employee only, employee + 1, family) shall be increased as follows: - January 1, 2025, increase by $75/month - January 1, 2026, increase by $65/month - January 1, 2027, increase by $55/month XII(E) Leave Beneflts – Bereavement Leave Increase leave entitlement from three to flve work shifts in each instance of death in the employee’s immediate family. XIII(A) City Rules – Personnel Rules The City and Association agree to incorporate Personnel Rules 19 and 20, with previously agreed upon modiflcations, into the MOU as Exhibit F. XV(B) Miscellaneous – Vehicle Policy Increase auto allowance for qualifying employees to $247.69 bi-weekly. 482 Memorandum of Understanding Between Huntington Beach Management Employees’ Organization and City of Huntington Beach January 1, 20252 – December 31, 20274 483 MANAGEMENT EMPLOYEES’ ORGANIZATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MEO MOU January 1, 20252 – December 31, 20274 i PREAMBLE 1 ................................................................................................................. 1 ARTICLE I – TERM OF MOU ........................................................................................ 1 ARTICLE II – REPRESENTATIONAL UNIT/CLASSIFICATIONS .................................. 1 ARTICLE III – MANAGEMENT RIGHTS ....................................................................... 2 ARTICLE IV – EXISTING CONDITIONS OF EMPLOYMENT ........................................ 2 ARTICLE V – SEVERABILITY ...................................................................................... 2 ARTICLE VI – SALARY SCHEDULE ............................................................................ 2 A. SALARY SCHEDULE ..................................................................................................... 2 B. PERFORMANCE BONUS .............................................................................................. 3 ARTICLE VII – SPECIAL PAY ...................................................................................... 34 A. EDUCATIONAL TUITION .............................................................................................. 34 B. BILINGUAL PAY ............................................................................................................ 34 B.C. ......................................................................................................................................... O NE TIME PAYMENT ........................................................................................................ 4 ARTICLE VIII – UNIFORMS ........................................................................................ 45 A. GENERAL POLICY ...................................................................................................... 45 B. AFFECTED PERSONNEL ............................................................................................ 45 C. PERSONAL PROTECTIVE EQUIPMENT ...................................................................... 5 D. EMPLOYEE RESPONSIBILITIES .................................................................................. 5 E. CITY RESPONSIBILITIES .............................................................................................. 6 F. DEPARTMENT HEAD OR DESIGNEE RESPONSIBILITIES ......................................... 6 ARTICLE IX – HOURS OF WORK/ADMINISTRATIVE LEAVE .................................. 67 A. OVERTIME ................................................................................................................... 67 B. ADMINISTRATIVE LEAVE .............................................................................................. 7 C. FLEX SCHEDULE AND HOURS OF WORK .................................................................. 7 1. 5/40 Work Schedule ........................................................................................................... 7 2. 9/80 Work Schedule ........................................................................................................... 7 3. 4/10 Work Schedule ......................................................................................................... 78 ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS ................................... 8 A. HEALTH ......................................................................................................................... 8 B. ELIGIBILITY CRITERIA AND COST ............................................................................... 8 1. City and Employee Paid Medical Insurance – Employee and Dependents .................................. 8 2. Maximum Employer Contributions ..................................................................................... 8 3. Future Premiums and City Contributions ........................................................................... 9 4. Medical Cash-Out .............................................................................................................. 9 5. Section 125 Plan .............................................................................................................. 10 484 MANAGEMENT EMPLOYEES’ ORGANIZATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MEO MOU January 1, 20252 – December 31, 20274 ii C. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ........................................ 101 D. LONG TERM DISABILITY INSURANCE .................................................................... 101 E. MISCELLANEOUS ..................................................................................................... 11 1. City Paid Premiums While On Medical Disability .................................................................... 11 2. Insurance Benefits Advisory Committee ........................................................................ 112 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR CITY MEDICAL SUBSIDY PLAN ........................................................................................................ 112 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE .............................................. 112 H. ANNUAL MAXIMUM BENEFIT FOR DENTAL PPO PLAN ........................................ 123 ARTICLE XI – RETIREMENT BENEFITS ................................................................. 123 A. BENEFITS .................................................................................................................. 123 1. Self-Funded Supplemental Retirement Benefit .................................................................... 123 2. Medical Insurance for Retirees ............................................................................................ 123 a. Medical Insurance Upon Retirement ................................................................................ 123 B. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING ............................................................................................................. 134 1. Classic Member Miscellaneous Unit Members .................................................................... 134 2. New Member Retirement Benefits ....................................................................................... 134 3. Pre-Retirement Optional Settlement 2 Death Benefit .......................................................... 145 4. Fourth Level of 1959 Survivor Benefits ................................................................................ 145 ARTICLE XII – LEAVE BENEFITS ............................................................................ 156 A. GENERAL LEAVE ...................................................................................................... 156 1. Accrual .................................................................................................................................. 156 2. Eligibility and Approval .......................................................................................................... 156 3. Leave Benefit Entitlements ................................................................................................... 156 4. Conversion to Cash .............................................................................................................. 167 B. CITY PAID HOLIDAYS ............................................................................................... 167 C. SICK LEAVE ............................................................................................................... 178 D. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ............................... 189 E. BEREAVEMENT LEAVE ............................................................................................. 189 F. RELEASE TIME ....................................................................................................... 1820 ARTICLE XIII – CITY RULES .................................................................................. 1920 A. PERSONNEL RULES ............................................................................................... 1920 B. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ............................................ 1920 1. Modification of Section 7 – Decertification and Modification .............................................. 1920 C. RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF AND RE-EMPLOYMENT ................................................................................................... 201 1. Part 1-Layoff Procedure ....................................................................................................... 201 2. Order of Layoff ...................................................................................................................... 223 3. Notification of Employees ..................................................................................................... 234 4. Part 2 – Bumping Rights ....................................................................................................... 245 485 MANAGEMENT EMPLOYEES’ ORGANIZATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MEO MOU January 1, 20252 – December 31, 20274 iii 5. Part 3 – Re-Employment ...................................................................................................... 256 5. ARTICLE XIV – DURING THE TERM OF THE AGREEMENT .................................. 267 A. .................................................................................................................................................. A. CLASSIFICATION AND COMPENSATION STUDY ........................................................... 267 B. .................................................................................................................................................. P ERFORMANCE EVALUATIONS .......................................................................................... 2678 ARTICLE XV – MISCELLANEOUS ........................................................................... 278 A. PHYSICAL EXAMINATION ......................................................................................... 278 B. VEHICLE POLICY ...................................................................................................... 278 C. DEFERRED COMPENSATION LOAN PROGRAM .................................................. 2830 D. COLLECTION OF PAYROLL OVERPAYMENTS ...................................................... 2930 E. REQUIRED FINGERPRINTING OF EMPLOYEES THAT WORK WITH SENIOR CITIZENS ............................................................................................................... 2930 F. ACTING ASSIGNMENT ............................................................................................ 2931 G. RETURN TO WORK ................................................................................................... 301 H. CONTROLLED SUBSTANCE AND ALCOHOL TESTING ........................................... 301 I. MANAGEMENT AND EXECUTIVE MANAGEMENT RELATIONS COMMITTEE ....... 301 J. PUBLIC EMPLOYEE DISASTER WORKER .............................................................. 301 ARTICLE XVI – CITY COUNCIL APPROVAL ........................................................... 312 EXHIBIT A – SALARY SCHEDULE ........................................................................... 323 EXHIBIT B – 9/80 WORK SCHEDULE ...................................................................... 347 9/80 WORK SCHEDULE DEFINED ................................................................................. 347 A. FORTY (40) HOUR WORK WEEK ............................................................................. 347 B. TWO-WEEK PAY PERIOD ......................................................................................... 347 C. A/B SCHEDULES ....................................................................................................... 347 EMERGENCIES ......................................................................................................... 358 D. RETIREE SUBSIDY MEDICAL PLAN ......................................................................... 38 SCHEDULE OF BENEFITS ............................................................................................... 38 A. MINIMUM ELIGIBILITY FOR BENEFITS ...................................................................... 38 B. DISABILITY RETIREES ............................................................................................... 38 C. MAXIMUM MONTHLY SUBSIDY PAYMENTS .............................................................. 39 486 MANAGEMENT EMPLOYEES’ ORGANIZATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MEO MOU January 1, 20252 – December 31, 20274 iv RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS ......................... 39 A. ELIGIBILITY ................................................................................................................. 39 B. BENEFITS .................................................................................................................... 40 C. SUBSIDIES .................................................................................................................. 40 D. MEDICARE .................................................................................................................. 40 E. CANCELLATION .......................................................................................................... 41 EXHIBIT C – 4/10 WORK SCHEDULE ..................................................................... 369 – PHYSICAL EXAMINATION DESCRIPTION .............................................................. 42 EXHIBIT D – RETIREE SUBSIDY MEDICAL PLAN ............................................... 3740 SCHEDULE OF BENEFITS ........................................................................................... 3740 A. MINIMUM ELIGIBILITY FOR BENEFITS .................................................................. 3740 B. DISABILITY RETIREES ........................................................................................... 3740 C. MAXIMUM MONTHLY SUBSIDY PAYMENTS .......................................................... 3841 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS ..................... 3841 A. ELIGIBILITY ............................................................................................................. 3841 B. BENEFITS ................................................................................................................ 3942 C. SUBSIDIES .............................................................................................................. 3942 D. MEDICARE .............................................................................................................. 3942 CANCELLATION ............................................................................................................ 403 9/80 WORK SCHEDULE ...................................................................................... 43 9/80 WORK SCHEDULE DEFINED 43 A. FORTY (40) HOUR WORK WEEK 43 B. TWO-WEEK PAY PERIOD 43 C. A/B SCHEDULES 44 D.E. ......................................................................................................................................... E MERGENCIES ............................................................................................................. 44 EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM GUIDELINES ............................................................................................................. 414 – 4/10 WORK SCHEDULE .......................................................................................... 45 F. EXHIBIT F – PERSONNEL RULES 19 AND 20 ............................................ 436 PERSONNEL RULE 19, GRIEVANCE PROCEDURE NON-DISCIPLINARY MATTERS .......... 43 487 MANAGEMENT EMPLOYEES’ ORGANIZATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MEO MOU January 1, 20252 – December 31, 20274 v PERSONNEL RULE 20, REVIEW PROCEDURE IN DISCIPLINARY MATTERS ...................45– VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM GUIDELINES ........ 46 EXHIBIT G – PHYSICAL EXAMINATION DESCRIPTION ........................................ 503 488 MEO MOU January 1, 20252 – December 31, 20274 11 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) And THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES’ ASSOCIATION (Hereinafter called ASSOCIATION or MEO) PREAMBLE This Memorandum of Understanding is entered into by and between the City of Huntington Beach, a Municipal Corporation of the State of California, herein called “City”, and the Huntington Beach Management Employees’ Organization, a California Organization, herein called “Association”. WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the period January 1, 20252 through December 31, 20274. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective January 1, 20222025, and is agreed as follows: ARTICLE I – TERM OF MOU This Agreement shall be in effect for a period of three (3) years commencing on January 1, 20222025, the effective date, and ending midnight on December 31, 20242027. The parties agree to commence negotiations on a successor MOU by not later than September 1, 20242027. ARTICLE II – REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Association is the employee association which has the right to meet and confer in good faith with the City on behalf of the employees whose classifications are listed in Exhibit A, attached hereto and incorporated by reference herein. 489 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 2 ARTICLE III – MANAGEMENT RIGHTS The parties agree that the City has the right to make unilateral management decisions that are outside the scope of bargaining, as defined by state and federal law and Public Employment Relations Board (PERB) decisions. Except as expressly abridged or modified herein, The City retains all rights, powers and authority with respect to the management and direction of the performance of City services and the work forces performing such services, provided that nothing herein shall change the City’s obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the City the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE IV – EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding , and/or provided for in the Personnel and Departmental Rules of the City of Huntington Beach. ARTICLE V – SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this MOU or any additions or amendments thereof, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competen t jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution or its application to other persons. The City Council hereby declares that it would have adopted this MOU and each section, subsection, sentence, clau se, phrase, or portion, and any additions or amendments thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutiona l. ARTICLE VI – SALARY SCHEDULE A. Salary Schedule Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other Articles of this MOU. All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. 490 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 3 Effective at the beginning of the pay period including January 1, 2022, the parties agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2019-2020 MOU: 1. The salary schedule will include seven (7) steps from A-G; 2. The steps will be five percent (5%) steps; 3. The salary ranges will be one percent (1%) apart; 4. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position’s current top step (Step E) without being less; and then, b. Moving two ranges higher, thereby providing a wage increase of not less than two percent (2%) for all employees in the Association. 5. Each employee will be placed on the step (A-F) of their classification’s assigned salary range that is nearest to their base salary step (A-E of the 2019-2020 salary schedule) without being less. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. Effective pay period including January 1, 2025, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2026, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2027, employees will receive a base salary increase of three percent (3%). B. Performance Bonus Effective at the beginning of the pay period including January 1, 2022, employees in the unit who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. The annual performance bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. Employees who disagree with the performance bonus award granted by their supervisor / manager may appeal the decision directly to their Department Head for additional consideration. After review, the Department Head’s final decision regarding the 491 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 4 performance bonus award amount shall be final and binding, and shall not be subject to grievance. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. Effective the first full pay period following City Council adoption of this MOU, the existing Performance Bonus shall be replaced with the addition of a new salary step at the top of the salary range. This added step, Step H, shallwill providebe a a 5% increase overfrom current Step G . ARTICLE VII – SPECIAL PAY A. Educational Tuition 1. Upon approval of the Department Head and the Administrative ServicesHuman Resources Director of Human Resources, permanent employees may be compensated for courses from accredited educational institutions, including vocational schools. Tuition reimbursement shall be limited to job -related courses or job-related educational degree objectives and requires prior approval by the Department Head and the Administrative Services DirectorDirector of Human Resources. 2. Education costs shall be reimbursed to permanent employees for tuition, books, parking (if a required fee), and any other required fees upon presentation of receipts. However, the maximum reimbursement shall be not more than one thousand seven hundred and fifty dollars ($1,750) in any fiscal year period per employee. a. Employees may not carry-over and be reimbursed for prior fiscal year education costs in successive fiscal years. 3. Reimbursements shall be made when the employee presents proof to the Administrative Services DirectorDirector of Human Resources that they have successfully completed the course with a grade of “C” or better; or a “Pass” if taken for credit. B. Bilingual Pay Permanent employees who are required by their Department Head to use Spanish, Vietnamese, or American Sign Language skills as part of their job assignment, shall be paid an additional five percent (5%) of their base hourly rate in addition to their regular bi-weekly salary. Permanent employees must accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the 492 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 5 City Manager. Such employees shall receive the additional five percent (5%) for every bi-weekly pay period that the assignment is in effect. In order to be eligible for said compensation, an employee’s language proficiency will be tested and certified by the Administrative Services DirectorDirector of Human Resources or their designee. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Administrative Services DirectorDirector of Human Resources or their designee. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2, California Code of Regulations CCR, Section 571(a)(4) Bilingual Premium. C. One-Time Payment Effective the first full pay period following City Council adoption of this MOU, all employees currently employed on the date of City Council adoption of this MOU shall receive a one-time payment of $1,000.00. Employees may select to receive the payment directly in their deferred compensation 457 account or on their paycheck. This one-time payment does not meet the criteria under Title 2, California Code of Regulations, Section 571(b) as reportable compensation for retirement purposes. ARTICLE VIII – UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. A. General Policy The City shall furnish uniforms to those employees designated by various Department Heads as required to wear a standard uniform for appearance, uniformity, and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Personnel All employees in classifications listed below shall wear a standard City adopted uniform. Each Department Head shall determine which employees must wear a uniform. 493 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 6 Department Job Type Classification Uniform Items Community Dev 0793125 Code Enforcement SupervisorManager 3 polo shirts, 2 pants (khaki style), 1 hat, 1 pair of safety boots Community Dev 0803072 Principal Electrical Combination Inspector Community Dev 0799073 Building Inspection Supervisor 5 polo shirts, 1 jacket, 1 windbreaker (not annually), 1 hat, shoes PPE/Safety Community Dev 0076 Principal Inspector Plum/Mech 5 polo shirts, 1 jacket, 1 windbreaker (not annually), 1 hat, shoes PPE/Safety Community Dev 0798075 Building Inspection Manager Community Dev 0797598 Building Official Manager Community SrvcsPublic Works 0857044 Beach OperationsPublic Works Maintenance Supervisor 5 polo shirts, 1 jacket (not annually), 1 hat, 1 pair boots (not annually) Community Srvcs 0905133 Supv Parking & Camping FacilityOperations Supv 5 shirts, 1 jacket (not annually), 1 hat Fire 0595 Fire Marshal 5 shirts, 5 pants, 1 dress shirt, 1 belt, 1 pair boots, 1 badge Fire 0131 Fire Med Coordinator 1 dress shirt, 1 pant, 1 dress pant, 1 skirt, 1 pair dress shoes, 1 badge Fire 0611130 Deputy Fire Marshal 5 shirts, 5 pants, 1 dress shirt, 1 belt, 1 pair boots, 1 badge Police 0486ALL Detention AdministratorALL 1 shirt, 1 pant, 1 jacket, 1 BDU pant, 1 polo, name tag, tie, tie bar C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. D. Employee Responsibilities 1. Wear a clean and complete uniform as required. 2. Uniform appearance shall include: a. Patch to be worn above left shirt or jacket pocket. b. Pants to have no cuffs. c. Worn with pride in appearance to the public (i.e., shirt buttoned, shirt tail tucked in). 3. Wash and provide minimum repair (i.e., buttons, small tears). 4. Provide any alterations necessary including sewing on of City patches. 5. Wear uniform only when on duty or performing work for the City. 6. Notify supervisor of need to replace due to disrepair or severe staining producing an undesirable appearance. 7. Turn in all uniform components, including patches, upon separation. 8. Turn in all personal protective equipment upon separation . 494 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 7 9. Wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. 9. E. City Responsibilities 1. Pay for City-required uniforms. 2. Report to the California Public Employees’ Retirement System (CalPERS) the cost of uniforms provided as set forth in Section B (above) for each classification as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees that are not required to wear uniforms on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms may apply. 3. Provide one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. Maintain records of purchases. F. Department Head or Designee Responsibilities 1. Ensure employee compliance with the Uniform Policy. 2. Approve replacement of deteriorated uniform component(s) and personal protective equipment as required and to maintain a listing for each eligible employee, by name and classification, of all uniform component(s) and personal protective equipment purchased. 3. Confirm receipt of uniforms, patches and personal protective equipment from an employee upon separation. A Separation Checklist Form is to be completed, signed by the employee, and submitted to the Human Resources DivisionHuman Resources Department. 4. Report to the Administrative Services DirectorDirector of Human Resources any changes to the Uniform Listing by Category/Classification (Section B above). The City reserves the right to add, delete, change, or modify the Uniform Listing as required. 4. ARTICLE IX – HOURS OF WORK/ADMINISTRATIVE LEAVE It is the intent of the City to provide an opportunity for MEO employees to select a flex schedule and/or alternative work schedule that is consistent with the City’s objective that 495 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 8 such schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Overtime Employees represented herein shall not be eligible for paid overtime compensation. B. Administrative Leave All full-time unit employees shall be entitled to sixty (60) hours of administrative leave per calendar year. All part-time (50%) employees shall be entitled to thirty (30) hours of administrative leave per calendar year. Administrative leave shall not carry over to the next year and holds no cash value. C. Flex Schedule and Hours of Work With supervisor and Department Head approval, MEO employees may flex regularly scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. MEO employees will have the option of working a 5/40 or 9/80 work schedule with supervisor and Department Head approval. MEO employees assigned the 4/10 work schedule shall retain the option of working the 4/10 schedule with supervisor and Department Head approval. In order to maintain service to the public, departmental effectiveness, productivity and/or efficiency a Department Head may assign an employee a different work schedule that is in compliance with the requirements of the Fair Labor Standards Act (FLSA) with City Manager approval. 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week plus one-hour lunch during each work shift, totaling a forty (40) hour work week. 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit DB, shall be defined as working nine (9) days for eighty (80) hours in a two -week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), plus a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA 496 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 9 work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 3. 4/10 Work Schedule The 4/10 work schedule, as outlined in Exhibit EC, shall be defined as working four (4) ten (10) hour days Monday through Thursday or Tuesday through Friday each week plus a one-hour lunch during each shift, totaling a forty (40) hours work week. The assigned 4/10 work schedule must be in compliance with the requirements of FLSA and all other applicable laws. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. ARTICLE X – HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall make available group medical, dental and vision benefits to all employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources DivisionHuman Resources Department. B. Eligibility, Criteria, and Cost 1. City and Employee Paid Medical Insurance – Employees and Dependents The City and employee shall each pay for health insurance premiums for qualified employees and dependent(s) effective the first of the month following the employee's date of hire. The employee deduction for premium contributions shall be aligned with the effective date of coverage and the ending date of coverage upon the employee's separation. The payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and prorated for coverage through the end of the month in which employment was separated. 2. Maximum Employer Contributions For the term of this agreement, the City’s maximum monthly employer contributions for each employee’s health and other insurance premiums are set forth as follows, and summarized in the table belowllows: a. Effective the pay period that includes January 1, 2022, the City’s maximum monthly contribution to medical premiums will increase as summarized in the table below. Actual contributions for plan year 2022 based on premium costs are shown in the rate sheet included herein. 497 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 10 a. Effective the pay period that includes January 1, 20232025, the City’s maximum monthly contribution to medical premiums will increase by $23.3375.00 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly premium cost. b. Effective the pay period that includes January 1, 2026, the City’s maximum monthly contribution to medical premiums will increase by $65.00 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly premium cost. b.c. Effective the pay period that includes January 1, 2027, the City’s maximum monthly contribution to medical premiums will increase by $55.00 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly premium cost. The maximum City contribution shall be based on the employee's enrollment in each plan. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre -tax payroll deductions. Maximum City Health Contributions The City agrees to contribute up to the plan premium per tier, but not higher than the maximums listed below: Plan Tier Prior Year Effective 1/1/2022 Effective 1/1/2023 Kaiser Single 619.00 660.47 683.80 Two-Party 1,103.53 1,158.71 1,182.04 Family 1,267.56 1,330.94 1,354.27 Blue Shield TRIO HMO Single 674.00 719.16 742.49 Two-Party 1,103.53 1,158.71 1,182.04 Family 1,267.56 1,330.94 1,354.27 Blue Shield HMO Single 743.00 792.78 816.11 Two-Party 1,161.06 1,219.11 1,242.44 Family 1,342.20 1,409.31 1,432.64 Blue Shield PPO Single 806.00 860.00 883.33 Two-Party 1,307.80 1,373.19 1,396.52 Family 1,473.36 1,547.03 1,570.36 Blue Shield CDHP Single 592.00 631.66 654.99 Two-Party 1,253.00 1,315.65 1,338.98 Family 1,473.36 1,547.03 1,570.36 498 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 11 Maximum City Health Contributions The City agrees to contribute up to the plan premium per tier, but not higher than the maximums listed below: Plan Tier 2024 Effective 1/1/2025 Effective 1/1/2026 Effective 1/1/2027 Kaiser Single 683.80 758.80 823.80 878.80 Two-Party 1,182.04 1,257.04 1,322.04 1,377.04 Family 1,354.27 1,429.27 1,494.27 1,549.27 Blue Shield Trio HMO Single 742.49 817.49 882.49 937.49 Two-Party 1,182.04 1,257.04 1,322.04 1,377.04 Family 1,354.27 1,429.27 1,494.27 1,549.27 Blue Shield HMO Single 816.11 891.11 956.11 1,011.11 Two-Party 1,242.44 1,317.44 1,382.44 1,437.44 Family 1,432.64 1,507.64 1,572.64 1,627.64 Blue Shield PPO Single 883.33 958.33 1,023.33 1,078.33 Two-Party 1,396.52 1,471.52 1,536.52 1,591.52 Family 1,570.36 1,645.36 1,710.36 1,765.36 Blue Shield HCDHPPH Single 654.99 729.99 794.99 849.99 Two-Party 1,338.98 1,413.98 1,478.98 1,533.98 Family 1,570.36 1,645.36 1,710.36 1,765.36 3. Future Premiums and City Contributions For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City’s monthly contributions to medical, dental, and vision insurance shall remain as specified for the 2022 and 20232027 Health Premiums and Contribution amounts, unless otherwise specified herein. 4. Medical Cash-Out If an employee is covered by a group medical plan outside of a City -provided program (evidence of which must be supplied to the Human Resources DivisionHuman Resources Department), the employee may elect to discontinue City medical coverage and receive the amount equal to the City’s contribution to the Kaiser, Employee-only medical premium offered to this unit. 499 - -~~~~~~~ MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 12 5. Section 125 Plan This plan allows employees to use pre-tax salary to pay for childcare, adult dependent care, and/or medical expenses allowable under the Internal Revenue Service rules for a Section 125 plan. City of Huntington Beach 2022 Health Premiums and Contributions Effective 1/1/2022 MEO Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Kaiser Single 582.00 582.00 0.00 0.00 Two-Party 1,255.00 1,158.71 96.29 44.44 Family 1,643.00 1,330.94 312.06 144.03 Blue Shield TRIO HMO Single 621.00 621.00 0.00 0.00 Two-Party 1,326.00 1,158.71 167.29 77.21 Family 1,707.00 1,330.94 376.06 173.57 Blue Shield HMO Single 677.00 677.00 0.00 0.00 Two-Party 1,455.00 1,219.11 235.89 108.87 Family 1,875.00 1,409.31 465.69 214.93 Blue Shield PPO Single 740.00 740.00 0.00 0.00 Two-Party 1,531.00 1,373.19 157.81 72.84 Family 1,890.00 1,547.03 342.97 158.29 Blue Shield HDHP Single 567.00 567.00 0.00 0.00 Two-Party 1,163.00 1,163.00 0.00 0.00 Family 1,432.00 1,432.00 0.00 0.00 Delta Dental PPO Single 58.30 42.88 15.42 7.12 Two-Party 108.80 81.82 26.98 12.45 Family 143.50 116.36 27.14 12.53 Delta Care HMO Single 30.11 23.00 7.11 3.28 Two-Party 51.19 39.11 12.08 5.58 Family 78.29 59.81 18.48 8.53 VSP Vision Single 23.33 17.84 5.49 2.53 Two-Party 23.33 17.84 5.49 2.53 Family 23.33 17.84 5.49 2.53 Medical Opt-Out: $582.00 per month ($268.62 bi-weekly) Employee and City contributions subject to change as a result of contract negotiations 500 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 13 C. Life and Accidental Death & Dismemberment Each employee is provided with fifty thousand dollars ($50,000) of life insurance and fifty thousand dollars ($50,000) of accidental death & dismemberment insurance paid for by the City. Each employee shall have the option, at his or her own expense, to purchase additional amounts of life insurance and accidental death & dismemberment insurance to the extent provided by the City’s current providers. Evidence of insurability is contingent upon total participation in additional amounts. D. Long Term Disability Insurance This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, general leave pay, or the employee may elect to be in an unpaid status. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the City, providing sixty-six and two-third percent (66 2/3%) of the first twelve thousand five hundred dollars ($12,500) of the employee’s basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age sixty-five (65). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Workers’ Compensation, Social Security and other non - private program benefits to which the employee may be entitled. Disability is defined as: “The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation for which the employee is fitted by reason of education, training, or experience.” Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor’s benefits continue plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources DivisionHuman Resources Department. The intent of long term disability is to assist employees who are off work for an extended period of time. While long term disability benefits can be coordinated with accrued leave benefits to achieve one hundred percent (100%) of regular salary, no employee may receive more than their regular salary while receiving disability benefits and paid leave. E. Miscellaneous 1. City-Paid Premiums While on Medical Disability When an employee is off work without pay for reason of medical disability, the City shall maintain the City-paid employee’s insurance premiums during the period the 501 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 14 employee is in an unpaid status for the length of said leave, not to exceed twenty- four (24) months. 2. Insurance and Benefits Advisory Committee The City and the Association participate in City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance and benefits available for employees. F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004, and are granted a retirement allowance by the California Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy Medical Plan may choose to participate in City-sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City-sponsored medical insurance for them self and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy Medical Plan and choose not to participate in City-sponsored medical insurance upon retirement, permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses not to participate in City-sponsored medical insurance plans because the retiree has access to other group medical insurance and subsequently loses eligibility for that group medical insurance, the retiree and qualified dependents will have access to City-sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). G. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004, and all future retirees who meet the criteria to participate in City -sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City-sponsored medical insurance plans that are supplemental to Medicare. A retiree or qualified dependent must choose to participate in City-sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). 502 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 15 The retiree shall pay the full premium to participate in City-sponsored medical insurance plans that are supplemental to Medicare for them self or qualified dependents without any subsidy. Retirees or qualified dependents, upon turning age sixty-five (65), who choose not to participate in City-sponsored medical insurance plans that are supplemental to Medicare permanently lose their eligibility for this insurance. H. Annual Maximum Benefit for Dental PPO Plan The Dental PPO plan maximum annual benefit is $2,000. ARTICLE XI – RETIREMENT BENEFITS A. Benefits 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to August 17, 19981998, are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: a. In the event a member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected options and the unmodified allowance which the member would have received for his or her life alone as provided in California Government Code Sections 21455, 21456, 21457, and 21458 as said referenced Government Code Sections exist as of the date of this agreement. The payment shall be made only to the member, shall be payable by the City during t he life of the member, an upon that member’s death, the City’s obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this agreement. b. Employees hired on or after August 17, 19981998, shall not be eligible for this benefit referenced in A.1.a. herein. above. 2. Medical Insurance for Retirees a. Medical Insurance Upon Retirement Upon retirement, whether service or disability, each employee shall have the following options in regards toregarding medical insurance under City- sponsored plans: i. With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree’s own expense, for the maximum time period allowed 503 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 16 by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Federal or State Law, or ii. Retirees retiring after approval of this MOU may participate in the Retiree Subsidy Medical Plan, attached hereto as Exhibit BD, or the Health Maintenance Organization (HMO) Plan currently being offered to retirees at the retiree’s own expense if the requirements set forth in Exhibit B D are met, or if the retiree meets the eligibility requirements described in Exhibit BD, the retiree may receive a subsidy from the City for retiree medical insurance pursuant to the schedule set forth in Exhibit BD. B. Public Employees’ Retirement System Reimbursement and Reporting 1. “Classic Member” Miscellaneous Unit Members a. Retirement Formula – Members of the City’s miscellaneous retirement plan with the California Public Employees’ Retirement System (CalPERS) shall receive the 2.5% at age 55 CalPERS retirement plan. b. Classic Members Miscellaneous CalPERS Member Contribution – All miscellaneous bargaining unit “classic” members shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income. c. Classic Member Miscellaneous CalPERS Cost Sharing – Upon the effective date of this agreement, all classic members shall pay one percent (1%) additional compensation earnable as employer cost sharing in accordance with Government Code section 20516(f) – for a capped maximum employee pension contribution of nine percent (9%). The parties agree that this cost sharing agreement per Government Code section 20516(f) shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration o f the impasse process by the parties. d. One-Year Final Compensation – The City shall contract with CalPERS to have retirement benefits calculated based upon the “classic” member employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). e. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU 2. “New Member” Retirement Benefits – For “New Members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 as defined in California Government Code Section 7522.04(f). 504 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 17 a. CalPERS New Member Retirement Formula- New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code Ssection 7522.20. b. Final Compensation – Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. c. New Member Miscellaneous CalPERS Member Contribution – All new members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). d. New Member Miscellaneous CalPERS Cost Sharing – Upon the effective date, new members shall cost share 1.00% pensionable compensation in accordance with Government Code Section 20516(f). This will ensure that these members will pay 7.25% of pensionable compensation when combined with the 6.25% pensionable compensation that these employees are required to pay as determined by CalPERS’s annual evaluation. If in future fiscal years the member contribution rate for new members shall become greater or less than 6.25% of pension compensation, as determined by CalPERS’s annual valuation, employees shall continue to pay one percent (1%) above as cost sharing per Government Code Section 20516(f). 3. Pre-Retirement Optional Settlement 2 Death Benefit Employees receive the benefit of the Pre-Retirement Optional Settlement 2 Death Benefit, as identified in Government Code Section 21548 with CalPERS. 4. Fourth Level of 1959 Survivor Benefits Employees receive the benefit of the Fourth Level of the 1959 Survivor Benefit, as identified in Government Code Section 21574 with CalPERS. The City has adopted the CalPERS Resolution in accordance with IRS Code Section 414(h)(2) and both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 505 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 18 ARTICLE XII – LEAVE BENEFITS A. General Leave 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave, and personal leave. Years of Service Annual General Leave Allowance Bi-Weekly General Leave Allowance First through Fourth Year 176 Hours 6.77 Fifth through Ninth Year 200 Hours 7.69 Tenth through Fourteenth Year 224 Hours 8.62 Fifteenth Year and Thereafter 256 Hours 9.85 2. Eligibility and Approval a. General Leave must be pre-approved, except for illness, injury, or family sickness, which may require a physician’s statement for approval. General Leave accrued time is to be computed from the employee’s anniversary of their hiring date. b. Employees are not permitted to take General Leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred forty (640) hours. An employee who earns General Leave hours in excess of six hundred forty (640) hours shall be paid the cash value of those additional hours in their paycheck. i. Employees in this unit hired on or after October 1, 2016, shall not be eligible for this benefit. General Leave shall be capped at six hundred forty (640) hours for employees hired on or after 10/1/16. This prov ision shall not sunset at the expiration of this agreement. c. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 506 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 19 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave is permitted to use earned Sick Leave, General Leave, and/or Administrative Leave for serious and non -serious family or personal health issues. For more information on employee leave options contact the Human Resources DivisionHuman Resources Department. 4. Conversion to Cash Twice during each fiscal year, each employee has the option to convert into a cash payment or deferred compensation up to a total of one hundred sixty (160) hours of earned General Leave benefits at the base hourly rate. The employee shall give two (2) weeks advance notice to Payroll of their desire to exercise such option. B. City Paid Holidays 1. Permanent full-time employees shall receive the following paid holidays per the employee’s regularly scheduled work shift: a. New Year’s Day (January 1) b. Martin Luther King Jr. Day (third Monday in January) c. Presidents’ Day (third Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (first Monday in September) g. Veterans Day (November 11) h. Thanksgiving Day (fourth Thursday in November) i. The Friday after Thanksgiving j. Christmas Eve (December 24) k. Christmas Day (December 25) l. New Year’s Eve (December 31) Any day declared by the President of the United States to be a national holiday and adopted as an employee holiday by the City Council of Huntington Beach. 2. The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed, following guidelines below: a. City paid holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. b. In the event that two consecutive City paid holidays fall on a Friday and Saturday, the two holidays shall be observed the preceding Thursday and Friday. 507 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 20 c. In the event that two consecutive City paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. 3. In the event that an employee is required to work on a City paid holiday, the holiday hours shall be credited to the employee’s general General leave Leave bank. Approval of this transaction shall be handled by the Department Head or designee, in the payroll period that includes the holiday worked. 4. If a City paid holiday falls on an employee’s scheduled day off and with approval from the Department Head or designee, the employee may take another day off during the same payroll period as the holiday, or opt to be credited with General Leave the number of hours of the employee’s regularly scheduled work shift. 5. A permanent part-time employee shall have City paid holidays paid as time off with a prorated amount in proportion to their regular hours worked. C. Sick Leave 1. Accrual – No employee shall accrue sick leave after December 24, 1999. 2. Credit – Employees shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage – Employees may use accrued sick leave for the same purposes for which it was used prior to December 25, 1999. 4. Pay Off At Separation a. Employees on the payroll on November 20, 1978, are entitled to the following sick leave payoff plan: At involuntary separation by reason of disability, or retirement, employees (or in the case of death, their beneficiary) shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of seven hundred twenty (720) hours of unused, accumulated sick leave, except as provided in paragraph 4 below. Upon separation for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused, accumulated sick leave, up to a maximum of seven hundred twenty (720) hours of such accumulated sick leave. b. Employees hired after November 20, 1978, shall be entitled to the following sick leave payoff plan: 508 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 21 Upon separation, all employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours, except as provided in paragraph 4 below. c. Except as provided in paragraph 4d. below, no employee shall be paid at separation for more than seven hundred twenty (720) hours o f unused, accumulated sick leave. However, employees may utilize accumulated sick leave on the basis of “last in, first out” meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. d. Employees who had unused, accumulated sick leave in excess of seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on separation under the formulas described in paragraphs 1 and 2 above. In no even t shall any employee be compensated upon separation for any accumulated sick leave in excess of the “cap” established by this paragraph (i.e., seven hundred twenty (720) hours plus the amount over seven hundred twenty (720) hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such “cap” on a “last in, first out” basis. e. To the extent that any “capped” amount of excess sick leave over seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980, employee has accumulated another 48 hours. Employee is then sick for 120 hours. Employee’s maximum sick leave “cap” for compensation at separation is now reduced by seventy-two (72) hours to nine hundred twenty-eight (928) hours). f. Employees electing to participate in the City’s group health insurance program after retirement can request the premiums to be paid by the City out of any available funds due and owing them under the terms of this agreement for unused sick leave benefits upon retirement. D. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit FE. E. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three five (35) work shifts in each instance of death in their immediate family. Immediate family is defined 509 --- MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 22 as a parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or wards of which the employee is the legal guardian, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.). F. Release Time Notwithstanding any other provisions of this Agreement, the Association and the City agree to continue discussion during the term of the MOU on Release Time for negotiation, including City’s consideration of the number of hours, based on the establishment of a mutually agreed upon written provision for the use of such leave by Association representatives and its members. Such leave shall be limited to use for the purpose of Association business not covered within the scope of legal requirements. It remains the City’s intent to enforce reasonable standards for the administration and control of current Release Time use. ARTICLE XIII – CITY RULES A. Personnel Rules All MOU provisions that supersede the City’s Personnel Rules shall automatically update the City’s Personnel Rules and be incorporated into such rules. 1. Personnel Rules 19 and 20 a. The City and the Association agree to incorporate Personnel Rules 19 and 20, with previously agreed upon modifications, into the MOU as Exhibit “F.” B. Employer-Employee Relations Resolution During the term of the agreement, the City and the Association agree to update the Employee-Employer Relations Resolution to reflect current State law. 1. Modification of Section 7 – Decertification and Modification a. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee’s right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effect ive until expiration of the MOU 510 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 23 except as may be determined by the Personnel Commission pursuant to the procedures outlined below. The provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer- Employee Relations Resolution of the City of Huntington Beach. b. The City and the Association have agreed to a procedure whereby the City, by and through the Administrative Services DirectorDirector of Human Resources, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer-Employee Relations Resolution is as follows: 7.3 Administrative Services DirectorDirector of Human Resources Motion of Unit Modification – The Director of Human Resources may propose, during the same period for filing a petition for decertification, that an established unit be modified in accordance with the following procedure: i. The Administrative Services DirectorDirector of Human Resources shall give written notice of the proposed modification(s) to any affected employee organization and any affected employees. ii. The Personnel Commission shall hold a meeting concerning the proposed modification(s) at which time all affected employee organizations and employees shall be heard. iii. Thereafter, the Personnel Commission shall determine the composition of the appropriate unit or units and shall give written notice of such determination to the affected employee organizations and any affected employees. The City Manager, employee organization or employee aggrieved by an appropriate unit determination of the Personnel Commission may, within ten (10) days of notice thereof, request a review of such determination by the City Council. Within thirty (30) days of receipt of a request to review a unit determination of the Personnel Commission the City Council shall review the matter. The City Council’s decision shall be final. iv. Except as provided otherwise in this MOU, the salary, benefit, and working conditions specified by this MOU shall be provided to employees in classifications listed in Exhibit A and have completed or are in the process of completing a probationary period in a permanent position in the 511 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 24 competitive service in which the employee regularly works twenty (20) hours or more per week. C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re-Employment 1. Part 1 – Layoff Procedure a. General Provisions 1) Whenever it is necessary, because of lack of work or funds to reduce the staff of a City department, employees may be laid off pursuant to these rules. 2) Whenever an employee is to be separated from the competitive service because the tasks assigned are to be eliminated or substantially changed due to management-initiated changes, including but not limited to automation or other technological changes, it is the policy of the City that steps be taken by the Human Resources DivisionHuman Resources Department on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. 3) A department shall reduce staff by identifying which positions within the department are to be eliminated. 4) The employee who has the least City-wide service credit in the class within the department shall have City-wide transfer rights in the class pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational series pursuant to Part 2, Bumping Rights. 5) If a deadline within this procedure falls on a day that City Hall is closed, the deadline shall be the next day City Hall is open. b. Service Credit 1) Service Credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave, or military leave. Permanent part-time employees earn service credit on a prorated basis. 2) Except as required by law, leaves of absence without pay shall not earn service credit. 512 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 25 3) As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. c. Transfer or Reduction to Vacancies in Lieu of Layoff 1) In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: a) The employee has the necessary qualifications to perform the duties of the position. b) The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the same class within the City, provided the employee has the necessary qualifications to perform the duties of the position. c) If no position in the same class is vacant, the employee shall be given the opportunity, in order of service credit, to transfer to the position in the same class that is held by an incumbent in another department with the least amount of service credit whose position the employee has the necessary qualifications to perform. 2) If an employee(s) is not eligible for transfer within the employee's class, the employee shall be offered, in order of service credit, a reduction to a vacant position in the next lower class within the City in the occupational series in lieu of layoff provided the employee has the necessary qualifications to perform the duties of the position. 3) If the employee refuses to accept a transfer or reduction pursuant to a. or b., above, the employee shall be laid off. a) If the employee(s) in the class with the least amount of service credit is in the position(s) to be eliminated or displaced by transfer, the employee shall be offered bumping rights, pursuant to Part 2, Bumping Rights. b) Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/re-employment list(s) pursuant to Part 3. Re-employment. 2. Order of Layoff a. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be identified by City-wide occupational series. If the employee 513 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 26 refuses to accept a position pursuant to Section 3. Above, the employee shall be laid off. b. No promotional probationary employee or permanent employee within a class in the department shall be laid off until all temporary, nonpermanent part-time and non-promotional probationary employees in the class are laid off. Permanent employees whose positions have been eliminated may exercise citywide bumping rights to a lower class in the occupational series pursuant to Part 2. c. When a position in a class and/or occupational series is eliminated, any employee in the class who is on authorized leave of absence or is holding a temporary acting position in another class shall be included for determining order of service credit and be subject to these layoff procedures as if the employee was in his or her permanent position. 3. Notification of Employees a. Human Resources DivisionHuman Resources Department shall give written notice of layoff to the employee by personal service or by sending it by certified mail to the last known mailing address at least thirty (30) calendar days prior to the effective date of the layoff. Normally notices will be served on employees personally at work. b. Layoff notices may be initially issued to all employees who may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. c. The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the employee’s hire date, and the employee's service credit ranking. The notice shall also include the employee's right to bump the person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in the lower class and the employee has more service credit than the incumbent in the lower class. d. The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the Administrative Services DirectorDirector of Human Resources in writing if the employee intends to 514 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 27 exercise the employee’s bumping rights, if any, pursuant to Part 2, Bumping Rights. e. Whenever practicable, any employee with the least amount of service credit in a lower class within an occupational series which is identified for work force reduction shall also be given written notice that such employee may be bumped pursuant to Part 2. This notice shall include the items referred to in C., above. f. If an employee disagrees with the City’s computation of service credit or listed date of hire, the employee shall notify the Administrative Services DirectorDirector of Human Resources as soon as possible, but in no case later than five (5) calendar days after the personal service or certified mail delivery. Disputes regarding date of hire or service credit shall be jointly reviewed by the Administrative Services DirectorDirector of Human Resources and the employee and/or the employee’s representative as soon as possible, but in no case later than five (5) calendar days from the date the employee notifies the Administrative Services DirectorDirector of Human Resources of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. 4. Part 2 – Bumping Rights a. Voluntary Reduction or Bumping in Lieu of Layoff 1) A promotional probationary employee or permanent employee who receives a layoff notice may request a reduction to a position in a lower class within the occupational series provided the employee possesses the necessary qualifications to perform the duties of the position. 2) Employees electing reduction under “a” above, shall be reduced to a position authorized to be filled in a lower class within the employee's occupational series. The employee may reduce to a lower class in their occupational series by: 1) filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee in the class with the least service credit whose position the employee has the necessary qualifications to perform. A displaced employee shall have bumping rights. 3) An employee who receives a layoff notice must exercise bumping rights within seven (7) calendar days of receipt of the notice as specified in Part 1- Layoff Procedure. Failure to respond within the time limit shall result in a reputable presumption that the employee does not intend to exercise any right of reduction or bumping to a lower class. The employee must carry 515 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 28 the burden of proof to show that the employee’s failure to respond within the time limits was reasonable. If the employee establishes that failure to respond within the time limits was reasonable, to the Administrative Services DirectorDirector of Human Resources satisfaction, the employee shall be permitted to exercise bumping rights, but shall not be reinstated to a paid position until the employee to be bumped has vacated the position. If the employee disagrees with the Administrative Services DirectorDirector of Human Resources decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. b. Reinstatement/Re-Employment Lists Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/re - employment list pursuant to Part 3, Re-Employment. c. Qualifications Appeal Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be filed with the Administrative Services DirectorDirector of Human Resources within five (5) calendar days of the employee’s receipt of written notice of the decision and reason(s) for denial. The employee’s appeal shall be in writing and shall include supporting facts or documents supporting the appeal. d. Qualifications Appeal Hearing 1) Upon receipt of an appeal, the Administrative Services DirectorDirector of Human Resources shall contact a mediator from the California State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after the receipt of the appeal. If the California State Mediation and Conciliation Service is not available within that time frame, the parties shall mutually select a person who is available within the time frame. If the California State Mediation and Conciliation Service and the person mutually selected are not available within the time frame, the parties shall select the earliest date either is available to conduct the hearing. The parties shall split the cost, if any, of the hearing officer. In addition, the parties shall meet within three (3) workdays to attempt to resolve the dispute. If the dispute remains unresolved, the parties shall endeavor in good faith to submit to the hearing officer a statement of all agreed upon facts relevant to the hearing. 2) Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties or directed by the hearing officer. 516 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 29 3) The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no agreement is reached, the hearing officer shall render a decision at the conclusion of the hearing, which shall be final and binding. 5. Part 3 – Re-Employment a. Re-Employment 1) Employees who are laid off or reduced in class to avoid layoff shall have their names placed upon a re-employment list, for each class in the occupational series, in seniority order at or below the level of the class from which laid off or reduced. 2) Names of persons placed on the re-employment lists shall remain on the list for two (2) years from the date of layoff or reduction. 3) Vacancies shall be filled from the re-employment list for a class, starting at tile top of the list, providing that the person meets the necessary qualifications for the position. 4) Names of persons are to be removed from the re-employment list for a class if on two (2) occasions they decline an offer of employment or on two (2) occasions fail to respond to offers of employment in a particular class within five (5) calendar days of receipt of written notice of an offer. Any employee who is dismissed from the City service for cause shall have his or her name removed from all re-employment lists. 5) Re-employment lists shall be available to MEO and affected employees upon reasonable request. 6) Qualification appeals involving re-employment rights shall be resolved in the same manner as that identified in Part 2. Section 4. b. Status on Re-Employment 1) Persons re-employed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits: a) Service credit held upon layoff shall be restored, but no credit shall be added for the period of the layoff. b) Prior service credit shall be counted toward General Leave accruals. c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee’s unit. General Leave shall be paid to 517 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 30 an employee when the re-employment list(s) expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her General Leave re-credited by repayment to the City the cashed amount. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. 2) Employees who have been reduced in class to avoid layoff and are returned within two (2) years to their former class shall be placed at the salary step of the class they held at the time of reduction and have their merit increase eligibility date recalculated. ARTICLE XIV – DURING THE TERM OF THE AGREEMENT A. Classification and Compensation Study During the term of the agreement, the parties agree to meet and confer regarding parameters and procedures of the citywide classification and compensation study that commenced in April 2021. B.A. Performance Evaluations During the term of the agreement, the parties agree to meet and confer on an updated performance evaluation system, including the Performance Bonus implementation. ARTICLE XV – MISCELLANEOUS A. Physical Examination Employees shall be provided, once every two (2) years, with a City-paid physical examination. Said exam shall be comprehensive in nature and shall include: 518 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 31 1. A Complete medical history, physical exam, laboratory testing and review of results by a physician. (See Exhibit CG, Physical Exam Description.) 2. A stress EKG will be provided for employees forty (40) years of age or older. No more than one-half (1/2) of the eligible employees shall receive examinations in any one fiscal year. B. Vehicle Policy 1. Approval is required by the City Manager or their designee for any City vehicle to be taken home by an employee. 2. Approval is required by the City Manager for any individual occupying a classification eligible for the auto allowance to receive the compensation. 3. The auto allowance for qualifying employees is two hundred forty-seven dollars and sixty-nine cents (207247.69) bi-weekly. 4. No unit employee shall have their automobile allowance eliminated until the City’s Fleet Management Policy is re-negotiated. 5. Eligibility for automobile allowance shall be determined in accordance with the City’s Fleet Management Program dated August 1999 and as specified pursuant to Administrative Regulations 4907 and 604. 6. Employees assigned to drive a City vehicle and/or employees receiving an Auto Allowance will participate in the DMV Pull Notice Program. 7. Employees in the following classifications are eligible to receive Auto Allowance: ▪ Administrative Services Manager ▪ Assistant to the City Manager ▪ Beach Operations Supervisor ▪ Building ManagerOfficial ▪ City Engineer ▪ Community and Library Services Manager ▪ Construction Manager ▪ Deputy Fire Marshal ▪ Detention Administrator ▪ Economic Development Manager ▪ Environmental Services Manager ▪ Facilities, Development & Concessions Manager ▪ Facilities Maintenance Supervisor ▪ Finance Treasury Manager, Treasury* ▪ Fire Marshal 519 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 32 ▪ Fleet Operations Supervisor ▪ Housing Manager ▪ Human Resources Manager ▪ Information Technology Manager ▪ Building Inspection Manager ▪ Building Inspection Supervisor ▪ Landscape Maintenance Supervisor ▪ Public Works Operations Manager ▪ Parking and /Camping Facility Operations Supervisor ▪ Planning Manager ▪ Police Administrative Division Services ManagerCivilian Police Services Commander ▪ Police Administrative Services Manager ▪ Police Communications Manager ▪ Police Records Administrator ▪ Principal Electrical Combination Inspector ▪ Principal Plumbing Mechanical Inspector ▪ Public Affairs Manager ▪ Public Works Maintenance Superintendent ▪ Public Works Maintenance Supervisor ▪ Risk Manager ▪ Senior Community and Library Services Supervisor ▪ Senior Information Technology Manager ▪ Street Maintenance Supervisor ▪ Traffic and Transportation Manager ▪ Tree Maintenance Supervisor ▪ Utilities Manager ▪ Wastewater Supervisor ▪ Water DistributionUtilities Superintendent ▪ Water Production Utility Supervisor ▪ Water Quality Supervisor *Grandfathered incumbent only. New or revised job classifications may become eligible to receive Auto Allowance during the term of this MOU, as approved by the City Manager. C. Deferred Compensation 1. Loan Program In accordance with federal law, employees may borrow from their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. 520 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 33 2. Deferred Compensation Contribution at Time of Separation In accordance with Internal Revenue Service rules, the value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee’s last day of employment. D. Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non - authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. E. Required Fingerprinting of Employees The City requires all employees who are hired, transferred, or promoted to positions with oversight responsibilities for senior citizens to be fingerprinted for California Department of Justice (DOJ) clearance that require fingerprinting by federal, state, or local law(s). Fingerprinting shall be done in accordance with said law(s). The City may also require employees be fingerprinted if they are transferred, or promoted to positions with oversight responsibilities for senior citizens or oversight responsibilities for confidential, and/or sensitive documents or equipment. F. Acting Assignment 521 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 34 Acting assignments are not intended to exceed six (6) months unless extraordinary circumstances warrant an extension as recommended and approved by the Administrative Services DirectorDirector of Human Resources. Under no circumstances shall an acting assignment exceed one (1) year, nor shall it be considered a reclassification or a promotion. Acting pay must be a minimum of five percent (5%), or the top step of the range if less than five percent (5%), and the Department Head has the discretion to set up compensation at any step on the pay range of the acting class, not to exceed the top step of the range. G. Return to Work Policy The City and Association agree to reopen this agreement to establish a Return to Work Policy for employees who experience industrial and non-industrial injury and/or illness. H. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. I. Management and Executive Management Relations Committee During the term of this agreement, the City and MEO agree to meet quarterly to discuss ways to improve management and executive management relations. J. Public Employee Disaster Service Worker In accordance with Government Code Section 3100, all Huntington Beach City employees, including all members of this bargaining unit, are required to perform assigned disaster service worker duties in the event of an emergency or a disaster. 522 MANAGEMENT EMPLOYEES’ ORGANIZATION MEO MOU January 1, 20252 – December 31, 20274 35 ARTICLE XVI – CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ________ day of ____________________, 20212025. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MANAGEMENT EMPLOYEES’ A Municipal Corporation ORGANIZATION By: By: Oliver ChiTravis Hopkins Debra Jubinsky City Manager MEO President By: By: Travis HopkinsMarissa Sur Aaron PeardonKerensa Schupmann Assistant City Manager Director of Human Resources OCEA Representative By: Brittany Mello Interim Administrative Services Director Approved as to Form: By: Michael E. GatesMichael Vigliotta City Attorney 523 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 0 EXHIBIT A – SALARY SCHEDULE MEO Salary Schedule Effective the Pay Period Including January 1, 20222025 Job No Job Description Pay Range A B C D E F G 0025 Administrative Analyst 192 37.4 7 39.3 4 41.3 1 43.3 7 45.5 4 47.8 2 50.2 1 0622 Administrative Services Manager 226 52.5 5 55.1 8 57.9 4 60.8 3 63.8 8 67.0 7 70.4 2 0078 Assistant City Attorney 249 66.0 7 69.3 7 72.8 4 76.4 8 80.3 0 84.3 2 88.5 3 0132 Assistant City Clerk 199 40.1 7 42.1 8 44.2 9 46.5 0 48.8 3 51.2 7 53.8 3 0057 Assistant to the City Manager 222 50.5 0 53.0 3 55.6 8 58.4 6 61.3 8 64.4 5 67.6 8 0123 Associate Civil Engineer 207 43.5 0 45.6 7 47.9 6 50.3 6 52.8 7 55.5 2 58.2 9 0071 Associate Planner 201 40.9 8 43.0 3 45.1 8 47.4 4 49.8 1 52.3 0 54.9 1 0569 Beach Maintenance Operations Manager 226 52.5 5 55.1 8 57.9 4 60.8 3 63.8 8 67.0 7 70.4 2 0044 Beach Operations Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0598 Building Manager 240 60.4 1 63.4 3 66.6 0 69.9 3 73.4 2 77.1 0 80.9 5 0024 City Engineer 253 68.7 5 72.1 9 75.7 9 79.5 8 83.5 6 87.7 4 92.1 3 0125 Code Enforcement Supervisor 230 54.6 9 57.4 2 60.2 9 63.3 0 66.4 7 69.7 9 73.2 8 0471 Community Relations Officer 214 46.6 4 48.9 7 51.4 2 53.9 9 56.6 9 59.5 2 62.5 0 0353 Community Services Manager 226 52.5 5 55.1 8 57.9 4 60.8 3 63.8 8 67.0 7 70.4 2 0097 Construction Manager 226 52.5 5 55.1 8 57.9 4 60.8 3 63.8 8 67.0 7 70.4 2 524 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 1 0085 Contract Administrator 210 44.8 2 47.0 6 49.4 1 51.8 8 54.4 8 57.2 0 60.0 6 0081 Deputy City Attorney I 207 43.5 0 45.6 7 47.9 6 50.3 6 52.8 7 55.5 2 58.2 9 0080 Deputy City Attorney II 226 52.5 5 55.1 8 57.9 4 60.8 3 63.8 8 67.0 7 70.4 2 0079 Deputy City Attorney III 240 60.4 1 63.4 3 66.6 0 69.9 3 73.4 2 77.1 0 80.9 5 0068 Deputy City Engineer 237 58.6 3 61.5 6 64.6 4 67.8 7 71.2 7 74.8 3 78.5 7 0571 Deputy Director of Economic Development 238 59.2 2 62.1 8 65.2 9 68.5 5 71.9 8 75.5 8 79.3 6 0611 Deputy Fire Marshal 205 42.6 4 44.7 7 47.0 1 49.3 6 51.8 3 54.4 2 57.1 4 0486 Detention Administrator 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0621 Economic Development Manager 230 54.6 9 57.4 2 60.2 9 63.3 0 66.4 7 69.7 9 73.2 8 Job No Job Description Pay Range A B C D E F G 0039 Economic Development Project Manager 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0580 Energy Project Manager 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0923 Environmental Services Manager 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0050 Facilities Maintenance Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0474 Facilities, Development & Concessions Manager 221 50.0 0 52.5 0 55.1 3 57.8 8 60.7 8 63.8 2 67.0 1 0879 Finance Manager - Accounting 229 54.1 4 56.8 5 59.6 9 62.6 8 65.8 1 69.1 0 72.5 6 0889 Finance Manager - Budget 229 54.1 4 56.8 5 59.6 9 62.6 8 65.8 1 69.1 0 72.5 6 0899 Finance Manager - Fiscal Services 229 54.1 4 56.8 5 59.6 9 62.6 8 65.8 1 69.1 0 72.5 6 525 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 2 0869 Finance Manager - Treasury 229 54.1 4 56.8 5 59.6 9 62.6 8 65.8 1 69.1 0 72.5 6 0610 Fire Marshal 217 48.0 5 50.4 5 52.9 7 55.6 2 58.4 0 61.3 3 64.3 9 0131 Fire Medical Coordinator 205 42.6 4 44.7 7 47.0 1 49.3 6 51.8 3 54.4 2 57.1 4 0590 Fleet Operations Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0581 General Services Manager 236 58.0 5 60.9 5 64.0 0 67.2 0 70.5 6 74.0 9 77.7 9 0498 GIS Manager 231 55.2 3 57.9 9 60.8 9 63.9 4 67.1 3 70.4 9 74.0 2 0043 Housing Manager 230 54.6 9 57.4 2 60.2 9 63.3 0 66.4 7 69.7 9 73.2 8 0006 Human Resources Manager 238 59.2 2 62.1 8 65.2 9 68.5 5 71.9 8 75.5 8 79.3 6 0500 Information Technology Manager 238 59.2 2 62.1 8 65.2 9 68.5 5 71.9 8 75.5 8 79.3 6 0489 Information Technology Manager- Infrastructure 231 55.2 3 57.9 9 60.8 9 63.9 4 67.1 3 70.4 9 74.0 2 0200 Information Technology Manager- Operations 231 55.2 3 57.9 9 60.8 9 63.9 4 67.1 3 70.4 9 74.0 2 0632 Information Technology Supervisor 217 48.0 5 50.4 5 52.9 7 55.6 2 58.4 0 61.3 3 64.3 9 0075 Inspection Manager 227 53.0 8 55.7 3 58.5 2 61.4 4 64.5 2 67.7 4 71.1 3 0073 Inspection Supervisor 211 45.2 7 47.5 3 49.9 0 52.4 0 55.0 2 57.7 7 60.6 6 0251 Investigator 190 36.7 3 38.5 7 40.4 9 42.5 2 44.6 4 46.8 8 49.2 2 0158 Landscape Architect 205 42.6 4 44.7 7 47.0 1 49.3 6 51.8 3 54.4 2 57.1 4 Job No Job Description Pay Range A B C D E F G 0049 Landscape Maintenance Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 526 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 3 0572 Liability Claims Coordinator 196 38.9 9 40.9 4 42.9 9 45.1 3 47.3 9 49.7 6 52.2 5 0030 Maintenance Operations Manager 236 58.0 5 60.9 5 64.0 0 67.2 0 70.5 6 74.0 9 77.7 9 0490 Network Systems Administrator 220 49.5 1 51.9 8 54.5 8 57.3 1 60.1 7 63.1 8 66.3 4 0623 Operations Manager 253 68.7 5 72.1 9 75.7 9 79.5 8 83.5 6 87.7 4 92.1 3 0133 Parking & Camping Facility Supervisor 199 40.1 7 42.1 8 44.2 9 46.5 0 48.8 3 51.2 7 53.8 3 0903 Parks Development/Facilities Project Coordinator 201 40.9 8 43.0 3 45.1 8 47.4 4 49.8 1 52.3 0 54.9 1 0443 Payroll Systems Analyst 211 45.2 7 47.5 3 49.9 0 52.4 0 55.0 2 57.7 7 60.6 6 0098 Permit & Plan Check Manager 230 54.6 9 57.4 2 60.2 9 63.3 0 66.4 7 69.7 9 73.2 8 0209 Permit & Plan Check Supervisor 205 42.6 4 44.7 7 47.0 1 49.3 6 51.8 3 54.4 2 57.1 4 0453 Personnel Analyst 192 37.4 7 39.3 4 41.3 1 43.3 7 45.5 4 47.8 2 50.2 1 0099 Plan Check Engineer 223 51.0 1 53.5 6 56.2 3 59.0 5 62.0 0 65.1 0 68.3 5 0444 Planning Manager 231 55.2 3 57.9 9 60.8 9 63.9 4 67.1 3 70.4 9 74.0 2 0594 Police Administrative Services Manager 217 48.0 5 50.4 5 52.9 7 55.6 2 58.4 0 61.3 3 64.3 9 0625 Police Administrative Services Manager 240 60.4 1 63.4 3 66.6 0 69.9 3 73.4 2 77.1 0 80.9 5 0022 Police Communications Manager 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0094 Police Records Administrator 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0626 Police Support Services Manager 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0028 Principal Accountant 208 43.9 3 46.1 3 48.4 4 50.8 6 53.4 0 56.0 7 58.8 8 527 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 4 0084 Principal Administrative Analyst 214 46.6 4 48.9 7 51.4 2 53.9 9 56.6 9 59.5 2 62.5 0 0096 Principal Civil Engineer 235 57.4 7 60.3 5 63.3 7 66.5 3 69.8 6 73.3 5 77.0 2 0072 Principal Electrical Inspector 202 41.3 9 43.4 6 45.6 3 47.9 1 50.3 1 52.8 2 55.4 6 0896 Principal Finance Analyst 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0482 Principal Librarian 201 40.9 8 43.0 3 45.1 8 47.4 4 49.8 1 52.3 0 54.9 1 Job No Job Description Pay Range A B C D E F G 0060 Principal Personnel Analyst 214 46.6 4 48.9 7 51.4 2 53.9 9 56.6 9 59.5 2 62.5 0 0074 Principal Planner 226 52.5 5 55.1 8 57.9 4 60.8 3 63.8 8 67.0 7 70.4 2 0076 Principal Plumbing & Mechanical Inspector 202 41.3 9 43.4 6 45.6 3 47.9 1 50.3 1 52.8 2 55.4 6 0579 Project Manager 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0037 Project Manager Assistant 201 40.9 8 43.0 3 45.1 8 47.4 4 49.8 1 52.3 0 54.9 1 0620 Public Affairs Manager 232 55.7 8 58.5 7 61.5 0 64.5 8 67.8 1 71.2 0 74.7 6 0496 Public Safety Systems Manager 233 56.3 4 59.1 6 62.1 2 65.2 2 68.4 8 71.9 1 75.5 0 0497 Public Safety Systems Supervisor 229 54.1 4 56.8 5 59.6 9 62.6 8 65.8 1 69.1 0 72.5 6 0839 Real Estate & Project Manager 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0619 Risk Management Analyst 192 37.4 7 39.3 4 41.3 1 43.3 7 45.5 4 47.8 2 50.2 1 0054 Risk Manager 230 54.6 9 57.4 2 60.2 9 63.3 0 66.4 7 69.7 9 73.2 8 0089 Senior Administrative Analyst 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 528 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 5 0064 Senior Budget Analyst 202 41.3 9 43.4 6 45.6 3 47.9 1 50.3 1 52.8 2 55.4 6 0069 Senior Civil Engineer 218 48.5 3 50.9 6 53.5 0 56.1 8 58.9 9 61.9 4 65.0 4 0484 Senior Deputy City Attorney 245 63.4 9 66.6 6 70.0 0 73.5 0 77.1 7 81.0 3 85.0 8 0868 Senior Finance Analyst 211 45.2 7 47.5 3 49.9 0 52.4 0 55.0 2 57.7 7 60.6 6 0499 Senior Information Technology Analyst 220 49.5 1 51.9 8 54.5 8 57.3 1 60.1 7 63.1 8 66.3 4 0627 Senior Information Technology Manager 244 62.8 6 66.0 0 69.3 0 72.7 7 76.4 1 80.2 3 84.2 4 0077 Senior Librarian 186 35.3 0 37.0 6 38.9 1 40.8 6 42.9 0 45.0 5 47.3 0 0464 Senior Personnel Analyst 205 42.6 4 44.7 7 47.0 1 49.3 6 51.8 3 54.4 2 57.1 4 0036 Senior Planner 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0519 Senior Risk Management Analyst 205 42.6 4 44.7 7 47.0 1 49.3 6 51.8 3 54.4 2 57.1 4 0575 Senior Supervisor, Cultural Affairs 199 40.1 7 42.1 8 44.2 9 46.5 0 48.8 3 51.2 7 53.8 3 0578 Senior Supervisor, Human Services 199 40.1 7 42.1 8 44.2 9 46.5 0 48.8 3 51.2 7 53.8 3 0034 Senior Traffic Engineer 218 48.5 3 50.9 6 53.5 0 56.1 8 58.9 9 61.9 4 65.0 4 Job No Job Description Pay Range A B C D E F G 0333 Senior Trial Counsel 253 68.7 5 72.1 9 75.7 9 79.5 8 83.5 6 87.7 4 92.1 3 0457 Special Events Coordinator 182 33.9 2 35.6 2 37.4 0 39.2 7 41.2 3 43.2 9 45.4 5 0488 Street Maintenance Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0033 Transportation Manager 239 59.8 1 62.8 0 65.9 4 69.2 4 72.7 0 76.3 3 80.1 5 529 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 6 0051 Tree Maintenance Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0483 Utilities Manager 238 59.2 2 62.1 8 65.2 9 68.5 5 71.9 8 75.5 8 79.3 6 0487 Wastewater Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0624 Water Distribution Superintendent 216 47.5 7 49.9 5 52.4 5 55.0 7 57.8 3 60.7 2 63.7 5 0052 Water Distribution Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0053 Water Production Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 0056 Water Quality Supervisor 206 43.0 7 45.2 2 47.4 8 49.8 6 52.3 5 54.9 7 57.7 2 530 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 7 531 Classification Title Range A B C D E F G H Administrativ e Services Manaaer 229 $54.14 $56.85 $59.69 $62 .68 $65.81 $69.10 $72 .56 $76.19 Assistant Citv Attornev 260 $73.71 $77.39 $81 .26 $85.33 $89.59 $94.07 $98.78 $103.71 Assistant City Clerk 210 $44.82 $47.06 $49.41 $51.88 $54.48 $57.20 $60.06 $63.06 Assistant to the City Manaqer 225 $52 .03 $54.63 $57.36 $60.23 $63.24 $66.41 $69.73 $73.21 Associate Civil Enqineer 213 $46.18 $48.48 $50.91 $53.45 $56.13 $58.93 $61.88 $64.97 Associate Planner 204 $42 .22 $44.33 $46.55 $48.87 $51 .32 $53.88 $56.58 $59.41 Buildina Inspection Manaaer 230 $54.69 $57.42 $60.29 $63.31 $66.47 $69.79 $73.28 $76.95 Buildina lnsPection SuPerv isor 214 $46.64 $48.97 $51 .42 $53.99 $56.69 $59.52 $62 .50 $65.62 Building Official 243 $62 .24 $65.35 $68.62 $72.05 $75.65 $79.43 $83.40 $87.57 Capital Projects Administrator 215 $47.10 $49.46 $51 .93 $54.53 $57.25 $60.12 $63.12 $66.28 Capital Projects Supervisor 222 $50.50 $53.03 $55.68 $58.46 $61 .38 $64.45 $67.68 $71 .06 Chief Litiaation Counsel 275 $85.57 $89.85 $94.34 $99.06 $104.01 $109.21 $114.68 $120.41 Citv Enaineer 256 $70.83 $74.37 $78.09 $82 .00 $86.10 $90.40 $94.92 $99.67 Civ ilian Police Services Commander 245 $63.49 $66.66 $70.00 $73.50 $77.17 $81.03 $85.08 $89.33 Code Enforcement Manager 233 $56.34 $59.16 $62 .12 $65.22 $68.48 $71 .91 $75.50 $79.28 Community & Library Services Manaqer 229 $54.14 $56.85 $59.69 $62.68 $65.81 $69.10 $72 .56 $76.19 Construction Manaqer 229 $54.14 $56.85 $59.69 $62 .68 $65.81 $69.10 $72.56 $76.19 Council Policv Analvst 209 $44.37 $46.59 $48.92 $51.37 $53.94 $56.63 $59.46 $62 .44 Cvber Information Securtv Officer 223 $51 .01 $53.56 $56.23 $59.05 $62 .00 $65.10 $68.35 $71 .77 Deputv Citv Attornev I 229 $54.14 $56.85 $59.69 $62 .68 $65.81 $69.10 $72 .56 $76.19 DePutv Citv Attornev 11 255 $70.13 $73.64 $77.32 $81.18 $85.24 $89.51 $93.98 $98.68 Deputy City Engineer 240 $60.41 $63.43 $66.60 $69.93 $73.42 $77.10 $80.95 $85.00 Deputy Fire Marshal 213 $46.18 $48.48 $50.91 $53.45 $56.13 $58.93 $61.88 $64.97 Detention Administrator 222 $50.50 $53.03 $55.68 $58.46 $61 .38 $64.45 $67.68 $71 .06 Economic Development Proiect Manaaer 222 $50.50 $53.03 $55.68 $58.46 $61 .38 $64.45 $67.68 $71 .06 Economic DeveloPment Manaaer 240 $60.41 $63.43 $66.60 $69.93 $73.42 $77.10 $80.95 $85.00 Env ironmental Services Manager 230 $54.69 $57.42 $60.29 $63.31 $66.47 $69.79 $73.28 $76.95 Finance Manager 239 $59.81 $62.80 $65.94 $69.24 $72 .70 $76.33 $80.15 $84.16 Fire Marshal 243 $62 .24 $65.35 $68.62 $72.05 $75.65 $79.43 $83.40 $87.57 Fire Medical Coordinator 214 $46.64 $48.97 $51.42 $53.99 $56.69 $59.52 $62.50 $65.62 Fleet Operations Supervisor 210 $44.82 $47.06 $49.41 $51 .88 $54.48 $57.20 $60.06 $63.06 Homeless Services Manaaer 233 $56.34 $59.16 $62 .12 $65.22 $68.48 $71 .91 $75.50 $79.28 Housina Manaaer 233 $56.34 $59.16 $62 .12 $65.22 $68.48 $71 .91 $75.50 $79.28 Human Resources Analyst 195 $38.60 $40.53 $42 .56 $44.69 $46.92 $49.27 $51.73 $54.32 Human Res ources Manager 241 $61.01 $64.06 $67.26 $70.63 $74.16 $77.87 $81 .76 $85.85 Information Technoloqy Manaqer 243 $62 .24 $65.35 $68.62 $72.05 $75.65 $79.43 $83.40 $87.57 Information Technolo!lY Supervisor 220 $49.51 $51 .98 $54.58 $57.31 $60.18 $63.18 $66.34 $69.66 Landscape Architect 208 $43.93 $46.13 $48.44 $50.86 $53.40 $56.07 $58.88 $61 .82 Management Analyst 195 $38.60 $40.53 $42 .56 $44.69 $46.92 $49.27 $51 .73 $54.32 Multimedia Coordinator 204 $42 .22 $44.33 $46.55 $48.87 $51 .32 $53.88 $56.58 $59.41 Municipal Records Manaqer 205 $42 .64 $44.77 $47.01 $49.36 $51 .83 $54.42 $57.14 $60.00 Network Systems Administrator 228 $53.61 $56.29 $59.10 $62 .06 $65.16 $68.42 $71 .84 $75.43 Parkinq & Campinq Operations Supervisor 202 $41 .39 $43.46 $45.63 $47.91 $50.31 $52.82 $55.46 $58.24 Permit & Plan Check Manaqer 233 $56.34 $59.16 $62 .12 $65.22 $68.48 $71.91 $75.50 $79.28 Permit & Plan Check Suoervisor 208 $43.93 $46.13 $48.44 $50.86 $53.40 $56.07 $58.88 $61 .82 Plan Check Engineer 226 $52 .55 $55.18 $57.94 $60.84 $63.88 $67.07 $70.42 $73.95 Planninq Manaqer 239 $59.81 $62.80 $65.94 $69.24 $72.70 $76.33 $80.15 $84.16 Police Services Manaqer 222 $50.50 $53.03 $55.68 $58.46 $61.38 $64.45 $67.68 $71 .06 Principal Civil Enqineer 238 $59.22 $62.18 $65.29 $68.55 $71 .98 $75.58 $79.36 $83.32 Principal Combination Inspector 205 $42 .64 $44.77 $47.01 $49.36 $51 .83 $54.42 $57.14 $60.00 Principal Finance Analvst 222 $50.50 $53.03 $55.68 $58.46 $61 .38 $64.45 $67.68 $71 .06 Principal Human Resources Analyst 217 $48.05 $50.45 $52 .98 $55.62 $58.41 $61 .33 $64.39 $67.61 Principal Information Technoloqy Analyst 228 $53.61 $56.29 $59.10 $62 .06 $65.16 $68.42 $71 .84 $75.43 Principal Librarian 204 $42 .22 $44.33 $46.55 $48.87 $51 .32 $53.88 $56.58 $59.41 Principal Manaqement Analvst 217 $48.05 $50.45 $52 .98 $55.62 $58.41 $61 .33 $64.39 $67.61 Principal Planner 229 $54.14 $56.85 $59.69 $62 .68 $65.81 $69.10 $72.56 $76.19 Public Affairs Manaaer 235 $57.48 $60.35 $63.37 $66.53 $69.86 $73.35 $77.02 $80.87 Public Affairs Officer 226 $52 .55 $55.18 $57.94 $60.84 $63.88 $67.07 $70.42 $73.95 Public Works Maintenance Superintendent 221 $50.00 $52.50 $55.13 $57.88 $60.78 $63.82 $67.01 $70.36 Public Works Maintenance Supervisor 209 $44.37 $46.59 $48.92 $51 .37 $53.94 $56.63 $59.46 $62.44 Public Works Operations Manaqer 256 $70.83 $74.37 $78.09 $82.00 $86.10 $90.40 $94.92 $99.67 Real Estate & Proiect Manaqer 219 $49.02 $51 .47 $54.04 $56.74 $59.58 $62 .56 $65.69 $68.97 Risk Manaaer 237 $58.63 $61 .56 $64.64 $67.87 $71.27 $74.83 $78.57 $82 .50 Senior Civil Enaineer 225 $52 .03 $54.63 $57.36 $60.23 $63.24 $66.41 $69.73 $73.21 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 8 532 Classification Title Range A B C D E F G H Sen io r Communitv & Librarv Services Suoervisor 202 $41 .39 $43 .46 $45.63 $47.91 $50.31 $52 .82 $55.46 $58.24 Sen ior Deputy City Attorney 266 $78.24 $82 .15 $86.26 $90 .58 $95.10 $99.86 $104 .85 $110.09 Senior Finance Analvst 214 $46 .64 $48.97 $51.42 $53.99 $56.69 $59.52 $62 .50 $65.62 Sen ior Human Resources Analvst 209 $44.37 $46 .59 $48.92 $51 .37 $53 .94 $56 .63 $59.46 $62.44 Sen ior Libra rian 189 $36 .37 $38 .18 $40.09 $42 .10 $44.20 $46.41 $48.73 $51 .17 Sen ior Manaaement Analvst 209 $44 .37 $46.59 $48.92 $51 .37 $53.94 $56.63 $59.46 $62 .44 Sen ior Planner 219 $49.02 $51.47 $54.04 $56.74 $59.58 $62 .56 $65.69 $68.97 Sen ior T raffic Enaineer 234 $56.91 $59 .75 $62 .74 $65.88 $69.17 $72 .63 $76 .26 $80.07 Traffic &Transoortation Manaaer 242 $61 .62 $64.70 $67.94 $71 .33 $74.90 $78.65 $82 .58 $86.71 Treasurv Mana aer 239 $59 .81 $62 .80 $65.94 $69.24 $72 .70 $76.33 $80.15 $84.16 Utilities Manager 24 1 $61.01 $64 .06 $67.26 $70.63 $74.16 $77 .87 $81 .76 $85.85 Utilities Suoerinte ndent 221 $50.00 $52 .50 $55.13 $57 .88 $60.78 $63 .82 $67.01 $70.36 Wastewater Suoervisor 209 $44 .37 $46 .59 $48.92 $51 .37 $53 .94 $56.63 $59.46 $62 .44 Water Quality Supervisor 209 $44.37 $46 .59 $48.92 $51 .37 $53.94 $56.63 $59.46 $62 .44 Water Util ity Suoervisor 211 $45 .27 $47.53 $49.91 $52 .40 $55 .02 $57 .77 $60.66 $63.69 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT BA – SALARY SCHEDULEPERSONNEL RULES 19 AND 20 MEO MOU January 1, 20252 – December 31, 20274 01 EXHIBIT B- 9/80 WORK SCHEDULE This work schedule is known as the “9/80”. In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two-week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in each work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty (40) Hour Work Week The actual work week is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the work week is 12:00 noon Friday. B. Two-Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the “A” schedule and the “B” schedule, based upon the departmental needs. For identification purposes, the “A” schedule shall be known as the schedule with a day off in the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or “working on payday”. An example is listed below: 533 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 1 AM PM AM PM AM PM F F S S M T W Th F F S S M T W Th F F A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - A/B Schedule Changes Employees cannot change schedules without prior approval of their supervisor, Department Head, and the Director of Human Resources or designee. D. Emergencies All Employees on the 9/80 work schedule are subject to be called to work anytime to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee’s leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave – As stated in Memorandum of Understanding 2. Sick Leave – As stated in Memorandum of Understanding 3. Administrative Leave – As stated in Memorandum of Understanding 4. Bereavement Leave - As stated in Memorandum of Understanding 5. Holidays – As stated in Memorandum of Understanding 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an employee is called to serve on a jury duty during normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered as the same as having occurred during the employee’s day off work; therefore, the employee will receive no additional compensation. 534 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 0 EXHIBIT C – 4/10 WORK SCHEDULE In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 4/10 WORK SCHEDULE DEFINED The 4/10 work schedule shall be defined as working eight (8) days for eighty (80) hours in a two-week pay period by working eight (8) days (Monday through Thursday, Fridays off) at ten (10) hours per day, plus a one -hour lunch during each work shift, totaling forty (40) hours in each work week. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. LEAVE BENEFITS . When an employee is off on a scheduled workday under the 4/10 work schedule, the ten (10) hours of eligible leave per workday shall be charged against the employee’s leave balance. All leaves shall continue under the current accrual, eligibility, request, and approval requirements. 1. General Leave – As stated in Memorandum of Understanding 2. Sick Leave – As stated in Memorandum of Understanding 3. Administrative Leave – As stated in Memorandum of Understanding 4. Bereavement Leave – As stated in Memorandum of Understanding 5. Holidays – As stated in Memorandum of Understanding 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's day off work; therefore, the employee will receive no added compensation. 535 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 1 EXHIBIT D - RETIREE SUBSIDY MEDICAL PLAN Employees hired on or after October 1, 2014, shall not be eligible for this benefit. An employee who has retired from the City shall be entitled to participate in City - sponsored medical insurance plans, and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. The employee has a minimum of ten (10) years of continuous full-time City service, or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age sixty -five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age sixty -five (65) under the City’s medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death or would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. SCHEDULE OF BENEFITS A. Minimum Eligibility for Benefits – With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous full-time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with the City’s Personnel Rules. 536 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 2 B. Disability Retirees – Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty-one dollars ($121). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payments shall not exceed dollar amount, which is equal to the full cost of premium for employee only. C. Maximum Monthly Subsidy Payments – Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of continuous, full-time years of City service prior to retirement exceeds ten (10), shall be entitled to maximum monthly payment premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirements After: Years of Service Subsidy 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 RETIREE SUBSIDY MEDICAL PLAN/ MISCELLANEOUS PROVISIONS A. Eligibility: 537 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 3 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Human Resources Department shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. B. Benefits: 1. Retiree Subsidy Medical Plan includes the available group medical plans offered to active unit members at the time of retirement. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HMO. c. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other employee benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements. D. Medicare: 1. All persons are eligible for Medicare coverage at age sixty -five (65). Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credit quarters are still eligible for Medicare at age 538 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 4 sixty-five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and their spouse are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age sixty - five (65). If such retiree was covering dependents under the Plan, dependents will be eligible for state and or federal COBRA continuation benefits effective as of the retiree’s sixty-fifth (65th) birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: i. After thirty-six (36) months of COBRA continuation coverage, or ii. When the covered dependent reaches age sixty-five (65) in the event such dependent reaches age sixty-five (65) prior to the retiree reaching age sixty- five (65). c. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application”, whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under “Benefits”, “Subsidies”, and “Medicare” for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non - payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Memorandums of Understanding. 539 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 5 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 540 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 6 EXHIBIT E – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability benefits or Workers’ Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature: Date: Human Resources Department Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: 541 I I I I r r - n n n n I MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 7 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: ☐ Vacation ☐ Compensatory Time ☐ General Leave ☐ Administrative Leave Number of Hours I wish to donate: ________ Hours of Vacation ________ Hours of Compensatory Time ________ Hours of General Leave ________ Hours of Administrative Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, Compensatory Time, Administrative or General Leave hours to the Catastrophic Leave Donation Program for: Eligible recipient employee’s name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 542 F MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 8 EXHIBIT F – PERSONNEL RULES 19 AND 20 RULE 19 GRIEVANCE PROCEDURE NON-DISCIPLINARY MATTERS 19-1. PURPOSE. The purpose of this rule is to provide a means by which grievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of the City’s Employer-Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel prac tices or working conditions with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer-Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the City, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the City, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1: Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grie vance. The immediate supervisor, within five (5) days of such request, shall meet with the employee when so requested and discuss the 543 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 9 grievances in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within five (5) days from the time of the informal discussion. Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within five (5) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the e mployee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within five (5) days after receipt of the written grievance, the immediate supervisor shall meet with the employee. Within five (5) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within five (5) days after the receipt of the written decision from Step 2. Within five (5) days after receipt of the written grievance, the department head, or his representative, shall meet with the employee and his immediate supervisor, if any. Within five (5) days thereafter written decision shall be given to the employee. Step 4. City Administrator. If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Manager who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parti es. The Human Resources Manager, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all intere sted parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Manager. Step 5. Personnel Board. If the grievance is not settled under Step 4, it may be appealed to the Personnel Board for de novo hearing and final determination in accordance with the following procedure: (a) Within five (5) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Personnel Director. Such statement of grievance shall set forth in detail the nature of the grievance, the facts 544 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 10 surrounding the subject matter of the grievance, the contentions of the employee and the proposed solution or determination. (b) Hearing. As soon as practicable thereafter, the Human Resources Manager shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL BOARD. (a) The Board may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Board sets a private hearing for such purpose, the Personnel Director shall give written notice of such to all parties concerned in such matter. (b) The Board, following a consideration of the hearing officer’s written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Administrator for determination. The City Administrator shall render a written decision to said department head within five (5) days after such submission, which decision may be appealed by the department head to the Personnel Board in accordance with Step 5 of Section 19 -5. RULE 20 REVIEW PROCEDURE IN DISCIPLINARY MATTERS 20-1. PURPOSE. The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which an employee may administratively appeal any such disciplinary action. 20-2 DEFINITION. 545 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 11 For the purpose of this rule, a grievance is a dispute concerning the application, interpretation, or enforcement of the rules contained in this resolution or departmental rules governing the conduct of employees in the competitive service in cases where discipline has been imposed upon such employees. 1) Notice of Proposed Adverse Action For Disciplinary demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee’s department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer’s right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee’s Right to Respond The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee’s response shall be made to and/or before his/her department head. 3) Time Off The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date of the action. 20-3. SUBMISSION OF GRIEVANCES. Any individual employee shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must collectively present and pursue t heir grievance, if a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one (1) such employee to speak for the group. Appeal to Personnel Commission Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal Within five (5) days after the employee’s receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Manager. 2) Hearing. 546 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 12 As soon as practicable thereafter, the Human Resources Manager shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Board. 3) Final Decision The Board shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. 20-4. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 20-2 hereof, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within five (5) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within five (5) days from the time of the informal discussion. Step 2. Formal Procedure. Immediate Supervisor. If the problem is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within five (5) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance, or after the emp loyee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within five (5) days after receipt of the written grievance, the immediate supervisor shall meet with the employee. Within five (5) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within five (5) days after receipt of the written decision from Step 2. Within five (5) days after receipt of the written grievance, the department head, or his representative, shall meet with the employee and his immediate supervisor, if any. Within five (5) days thereafter written d ecision shall be given to the employee. Supplemental Hearing by Personnel Board 1) The Board may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the 547 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 13 purpose of receiving additional evidence or argument. In the event the Board sets a private hearing for such purposes, the Human Resources Manager shall give written notice to all parties concerned in such matter. 2) The Board, following a consideration of the hearing officer’s written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further appeal. 20-5. PERSONNEL BOARD. If the grievance is not settled under Step 3, it may be appealed to the Personnel Board for de novo hearing and final determination in accordance with the following procedure: (a) Within five (5) days after the time decision is rendered under Step 3 above, a written statement of grievance shall be filed with the Personnel Director. Such statement of grievance shall set forth in detail the nature of the grievance, the contentions of the employee and the proposed solution or determination. (b) Hearing. As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Board. (c) The Board shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. Employee Status on Pending Appeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending an appeal to the Personnel Commission. 20-6. SUPPLEMENTAL HEARING BY PERSONNEL BOARD. (a) The Board may, in its sole discretion, after if has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence of argument. In the event the Board sets a private hearing for such purposes, the Personnel Director shall give written notice of such to all parties concerned in such matter. (b) The Board, following a consideration of the hearing officer’s written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 20-7. APPEALS, SUSPENSION, DEMOTION OR DISCHARGE. All appeals concerning those matters specified in subsection (d), Section 808 of the City Charter, namely suspension for more than thirty (30) days, demotion, or discharge, shall 548 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 14 be to the Personnel Board in accordance with the procedures set forth in Sections 20 -5 and 20-6 above. 20-8. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Administrator for determination. The City Administrator shall render a written decision to said department head within five (5) days after such submission, which decision may be appealed by the department head to the Personnel Board in accordance with Sections 20 -5 and 20-6 of this resolution. 20-9. EMPLOYEE STATUS PENDING FINAL DETERMINATION. Notwithstanding the provisions of Rule 7, Section 7 -4 (Suspension without Pay), the action of a department head, or the City Administrator if a department head is involved, shall be effective pending review by the appellate authority, and no employee shall be entitled to compensation during said period unless the action of the department head or City Administrator is modified by such appellate authority to provide for compensation, or is revoked. The appellate authority may order reinstatement of the employ ee and may grant full, partial, or no compensation for the period of suspension, demotion or dismissal. 549 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 33 EXHIBIT G - PHYSICAL EXAMINATION DESCRIPTION I. Complete Health History II. Complete Physical Examination by Physician III. Computer Printout: A. Physiological Tests: 1. Temperature 2. Height 3. Weight 4. Vision 5. Audiometry (Hearing Screening) 6. Blood Pressure 7. Pulse 8. Chest X-Ray 9. EKG 10. History 11. Tonometry (Glaucoma) for patients 35 and over. 12. Spirometry (Breathing) B. Laboratory Tests: 1. Blood Chemistry Screening Tests: SGPT Triglycerides SGOT Glucose Fasting LDH BUN Alk. Phosphatase Creatinine Total Bilirubin Uric Acid Total Protein Calcium Albumin-Serum Inorganic Phosphate Globulin Sodium Cholesterol Potassium 2. Complete Blood Count 3. Urinalysis 4. Stool Test for Blood 5. RPR 6. Pap Smear on Females 7. HDL IV. Examination Findings: A. Consultation with Physician B. Written Report of Findings 550 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT A – SALARY SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 34 IV. Examination Findings: A. Consultation with Physician Written Report of Findings 551 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B CC – RETIREE SUBSIDY MEDICAL PLANRETIREE SUBSIDY MEDICAL PLAN MEO MOU January 1, 20252 – December 31, 20274 38 RETIREE SUBSIDY MEDICAL PLAN Employees hired on or after October 1, 2014, shall not be eligible for this benefit. An employee who has retired from the City shall be entitled to participate in City- sponsored medical insurance plans, and the City shall contribute toward monthly premiums for coverage in an amount as specifled in accordance with this Plan, provided: A. The employee has a minimum of ten (10) years of continuous full-time City service, or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium as indicated shall be modifled downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the flrst of the month in which a retiree or dependent reaches age sixty-flve (65) or on the date the retiree or dependent can flrst apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Beneflt coverage at age sixty-flve (65) under the City’s medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy beneflt which the deceased employee was receiving at the time of their death or would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. SCHEDULE OF BENEFITS A. Minimum Eligibility for Beneflts – With the exception of an industrial disability retirement, eligibility for beneflts begin after an employee has completed ten (10) years of continuous full-time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with the City’s Personnel Rules. B. Disability Retirees – Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty-one dollars ($121). Payments shall be in accordance with the 552 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B CC – RETIREE SUBSIDY MEDICAL PLANRETIREE SUBSIDY MEDICAL PLAN MEO MOU January 1, 20252 – December 31, 20274 39 stipulations and conditions, which exist for all retirees. Payments shall not exceed dollar amount, which is equal to the full cost of premium for employee only. C. Maximum Monthly Subsidy Payments – Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining beneflt premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of continuous, full-time years of City service prior to retirement exceeds ten (10), shall be entitled to maximum monthly payment premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirements After: Years of Service Subsidy 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 RETIREE SUBSIDY MEDICAL PLAN/ MISCELLANEOUS PROVISIONS A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the flrst of the month following retirement date. 553 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B CC – RETIREE SUBSIDY MEDICAL PLANRETIREE SUBSIDY MEDICAL PLAN MEO MOU January 1, 20252 – December 31, 20274 40 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Human Resources DivisionHuman Resources Department shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. B. Beneflts: 1. Retiree Subsidy Medical Plan includes the available group medical plans offered to active unit members at the time of retirement. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HMO. c. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other employee beneflt plan. c. Any other commercially available beneflt plan. d. Medicare supplements. D. Medicare: 1. All persons are eligible for Medicare coverage at age sixty-flve (65). Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credit quarters are still eligible for Medicare at age sixty-flve (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and their spouse are both sixty-flve (65) or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 554 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT B CC – RETIREE SUBSIDY MEDICAL PLANRETIREE SUBSIDY MEDICAL PLAN MEO MOU January 1, 20252 – December 31, 20274 41 3. When a retiree at age sixty-flve (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive the subsidy. When a retiree at age sixty-flve (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-flve (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the flrst day of the month in which the retiree reaches age sixty-flve (65). If such retiree was covering dependents under the Plan, dependents will be eligible for state and or federal COBRA continuation beneflts effective as of the retiree’s sixty-flfth (65th) birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes flrst: i. After thirty-six (36) months of COBRA continuation coverage, or ii. When the covered dependent reaches age sixty-flve (65) in the event such dependent reaches age sixty-flve (65) prior to the retiree reaching age sixty-flve (65). c. At age sixty-flve (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application”, whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under “Beneflts”, “Subsidies”, and “Medicare” for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notifled of non-payment of premium by means of a certifled letter from Employee Beneflts in accordance with provisions of the Memorandums of Understanding. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 555 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT D E – 9/80 WORK SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 42 PHYSICAL EXAMINATION DESCRIPTION I. Complete Health History II. Complete Physical Examination by Physician III. Computer Printout: A. Physiological Tests: 1. Temperature 2. Height 3. Weight 4. Vision 5. Audiometry (Hearing Screening) 6. Blood Pressure 7. Pulse 8. Chest X-Ray 9. EKG 10. History 11. Tonometry (Glaucoma) for patients 35 and over. 12. Spirometry (Breathing) B. Laboratory Tests: 1. Blood Chemistry Screening Tests: SGPT Triglycerides SGOT Glucose Fasting LDH BUN Alk. Phosphatase Creatinine Total Bilirubin Uric Acid Total Protein Calcium Albumin-Serum Inorganic Phosphate Globulin Sodium Cholesterol Potassium 2. Complete Blood Count 3. Urinalysis 4. Stool Test for Blood 5. RPR 6. Pap Smear on Females 7. HDL IV. Examination Findings: B. Consultation with Physician C. Written Report of Findings 9/80 WORK SCHEDULE 556 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT D E – 9/80 WORK SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 43 This work schedule is known as the “9/80”. In the event that there is a confiict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be deflned as working nine (9) days for eighty (80) hours in a two -week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty (40) Hour Work Week The actual work week is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule will be able to fiex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the work week is 12:00 noon Friday. B. Two-Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the “A” schedule and the “B” schedule, based upon the departmental needs. For identiflcation purposes, the “A” schedule shall be known as the schedule with a day off in the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall have the flrst Friday (p.m.) and the last Friday (a.m.) off, or “working on payday”. An example is listed below: A M P M A M P M A M P M 557 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT D E – 9/80 WORK SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 44 F F S S M T W T h F F S S M T W T h F F A S c h e d u l e 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4 B S c h e d u l e - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - A/B Schedule Changes Employees cannot change schedules without prior approval of their supervisor, Department Head, and the Director of Human Resources or designee. D. Emergencies All Employees on the 9/80 work schedule are subject to be called to work anytime to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee’s leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave – As stated in Memorandum of Understanding 2. Sick Leave – As stated in Memorandum of Understanding 3. Administrative Leave – As stated in Memorandum of Understanding 4. Bereavement Leave - As stated in Memorandum of Understanding 558 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT D E – 9/80 WORK SCHEDULE MEO MOU January 1, 20252 – December 31, 20274 45 5. Holidays – As stated in Memorandum of Understanding 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an employee is called to serve on a jury duty during normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered as the same as having occurred during the employee’s day off work; therefore, the employee will receive no additional compensation. 559 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D – MODIFICATION TO PERSONNEL RULE 19 MEO MOU January 1, 20252 – December 31, 20274 45 4/10 WORK SCHEDULE In the event that there is a confiict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 4/10 WORK SCHEDULE DEFINED The 4/10 work schedule shall be deflned as working eight (8) days for eighty (80) hours in a two -week pay period by working eight (8) days (Monday through Thursday, Fridays off) at ten (10) hours per day, plus a one-hour lunch during each work shift, totaling forty (40) hours in each work week. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. LEAVE BENEFITS . When an employee is off on a scheduled workday under the 4/10 work schedule, the ten (10) hours of eligible leave per workday shall be charged against the employee’s leave balance. All leaves shall continue under the current accrual, eligibility, request, and approval requirements. 1. General Leave – As stated in Memorandum of Understanding 2. Sick Leave – As stated in Memorandum of Understanding 3. Administrative Leave – As stated in Memorandum of Understanding 4. Bereavement Leave – As stated in Memorandum of Understanding 5. Holidays – As stated in Memorandum of Understanding 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as hav ing occurred during the employee's day off work; therefore, the employee will receive no added compensation. 560 MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT F G – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MEO MOU January 1, 20252 – December 31, 20274 45 Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability beneflts or Workers’ Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature: Date: Human Resources Department Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: 561 - - I -- I -- I -- - - - -□ -□ -□ -□ - I - MANAGEMENT EMPLOYEES’ ORGANIZATION EXHIBIT F G – VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM MEO MOU January 1, 20252 – December 31, 20274 46 Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: ☐ Vacation ☐ Compensatory Time ☐ General Leave ☐ Administrative Leave Number of Hours I wish to donate: ________ Hours of Vacation ________ Hours of Compensatory Time ________ Hours of General Leave ________ Hours of Administrative Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confldential. I wish to donate my accrued vacation, Compensatory Time, Administrative or General Leave hours to the Catastrophic Leave Donation Program for: Eligible recipient employee’s name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 562 City of Huntington Beach MEO ‐ Tentative Agreement  Proposed Term: 3 years Year 1 Year 2 Year 3 Year 4 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 * MOU  Item #Description Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of  Proposal * Ongoing Cost * Notes: 1 Term:  3 years (Jan 1, 2025 ‐ Dec 31, 2027) Salary Increases 287,234                583,171              600,842              326,439             1,797,685         1,835,121          Jan 1, 2025 ‐ 3%, Jan 1, 2026 ‐ 3%, Jan 1, 2027 ‐ 3%.  Total increase =  (136,378)              (140,511)            (8,390)                (4,258)                (289,536)          (289,536)            Remove Performance Bonus 232,912               239,970             14,329               7,271                  494,483            494,483             Add new top step 108,552               108,552            One time non‐reaccuring payment per member Uniforms & Equipment 2,190                    ‐                      ‐                      ‐                      2,190                2,190                  Expand City purchased uniforms to all MEO PD Health Insurance 41,099                 81,879               76,890               38,694               238,562            285,320              Bereavement 4,494                    4,631                  276                     140                     9,542                9,542                   Auto Allowance 18,464                 18,464               ‐                      ‐                      36,928              36,928                One‐Time Signing Bonus 108,552               108,552             Recurring Costs 450,015               787,604             683,947             368,287             2,289,853        2,374,047           Total Cost of Proposal 558,567               787,604             683,947             368,287             2,398,404        2,374,047           * Includes impact of proposed contract increases on the City's UAL.  Additional liabilities are incurred during FY's 27/28 ‐ 30/31 due to a lag in PERS reporting. 2 3 6 Increase by $40 per pay period ($1,040/year) 4 Increase  medical contibution Jan 1 of each year, 2025 ‐ $75, 2026 ‐$65,  2027 ‐ $55 5 up to two additional days paid Berevement Leave 563 l~-m H~'Tlsct()',I ltA(H Introduction of Proposed Memorandum of Understanding with Management Employees’ Organization (MEO) City Council Meeting May 20, 2025 564 Meyers-Milias Brown Act (MMBA) •Pursuant to the MMBA, the City has been meeting and conferring in good faith with MEO since September 2024 •A Tentative Agreement was reached in April 2025 •The Tentative Agreement and proposed Memorandum of Understanding (MOU) is being presented to the City Council to formally review and consider 565 Proposed Memorandum of Understanding •3-year term; January 1, 2025 – December 31, 2027 •3% base salary adjustments January 1 of each year •Elimination of the Performance Bonus in exchange for an additional top step to the salary schedule for each classification •One-time payment of $1,000 566 Proposed Memorandum of Understanding (continued) •Uniform provided for all police personnel •Increases to City contribution to employees’ health insurance premiums and vehicle allowance for qualifying employees •Two additional days of Bereavement Leave •Incorporation of Personnel Rules 19 and 20 into the MOU 567 Fiscal Impact Projected Cost One-Time Cost:$108,552 Recurring Cost:$2,289,853 Projected Total:$2,398,405 568 Recommended Action Receive and consider the proposed Memorandum of Understanding with MEO pursuant to City of Huntington Beach Ordinance No. 4154. 569 Questions? 570 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-415 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Marissa Sur, Director of Human Resources Subject: Introduction of the Proposed Memorandum of Understanding with Huntington Beach Municipal Teamsters (HBMT) Statement of Issue: The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Municipal Teamsters (HBMT) expired on December 31, 2024. In September 2024, the City and HBMT representatives began the negotiations process regarding wages, benefits,and other terms and conditions of employment. A Tentative Agreement on the terms of a successor MOU has been reached and is now presented. Financial Impact: Pursuant to the terms of the Tentative Agreement with HBMT, the total projected cost includes a one- time payment of $358,000 and a recurring cost of $4,815,438. Recommended Action: Receive and consider the proposed Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Municipal Teamsters (HBMT) for the period of January 1, 2025, to December 31, 2027, pursuant to City of Huntington Beach Ordinance No. 4154. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: HBMT is a recognized employee union representing approximately 398 full-time, non-exempt employees across all departments. The City and HBMT representatives began meeting in September 2024 to negotiate the terms of a successor MOU, and a Tentative Agreement was reached in April 2025. Salient provisions of the Tentative Agreement between the City and MEO include: City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 571 File #:25-415 MEETING DATE:5/20/2025 ·Term of three years, expiring December 31, 2027 ·Salary adjustment of three percent (3%) effective January 1 each year of the MOU ·Elimination of the Performance Bonus in exchange for an additional top step to the salary schedule for each classification ·One-time payment of $1,000 ·Annual increase to medical allowance as follows: o Effective October 1, 2025: increase by $75 per employee o Effective October 1, 2026: increase by $65 per employee o Effective October 1, 2027: increase by $55 per employee ·Two additional days of paid Bereavement Leave ·Safety Shoe allowance increased by $50 per pair A draft version of the Tentative Agreement between the City and HBMT is included as Attachment 1 with changes from the current MOU in redline included as Attachment 2. The Fiscal Impact Information is included as Attachment 3. Following City Council review of the Tentative Agreement and proposed MOU, a final version of the successor MOU will be presented at the June 3, 2025 City Council meeting. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Summary of Tentative Agreement 2. Proposed Memorandum of Understanding between the City and HBMT 3. Fiscal Impact Report 4. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 572 Tentative Agreement Between the City of Huntington Beach and the Huntington Beach Municipal Teamsters (HBMT) Article # Subject Proposal I Term January 1, 2025 – December 31, 2027 VI(A) Salary Schedules – Classiflcation and Salary Rates Effective the pay period including January 1, 2025, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2026, employees will receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2027, employees will receive a base salary increase of three percent (3%). VI(B) Salary Schedules – Performance Bonus Effective the flrst full pay period following City Council adoption of this MOU, the existing Performance Bonus shall be replaced with the addition of a new salary step at the top of the salary range. This added step, Step H, will be a 5% increase from current Step G. VII (D) Special Pay – One-Time Payment All HBMT employees currently employed on the date of City Council adoption of the MOU shall receive a one- time payment of $1,000, which they can receive directly on their paycheck or deposit into their deferred compensation account. VIII(A)(1) Uniforms – Safety Shoes – Cost Increase maximum reimbursement for a pair of safety shoes not to exceed to $275.00 per pair every six months. X(B)(2) Health and Other Insurance Beneflts – Maximum Employer Contribution City contribution toward employees’ health insurance at each plan level (i.e., employee only, employee + 1, family) shall be increased as follows: - January 1, 2025, increase by $75/month - January 1, 2026, increase by $65/month - January 1, 2027, increase by $55/month X(F) Health and Other Insurance Beneflts – Medical Cash- Out Updated medical cash-out amounts to match the new maximum allowable city contribution to the lowest single plan tier monthly premium. XII(A)(2)(h) Leave Beneflts – CalPERS Reporting of Holiday Pay Updated Classiflcations to refiect changes implemented following the Citywide Class and Comp study. XII(A)(4) Leave Beneflts - Bereavement Leave Increase leave entitlement from three to flve work shifts in each instance of death in the employee’s immediate family. 573 574 Memorandum of Understanding Between Huntington Beach Municipal Teamsters and City of Huntington Beach 575 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS January 1, 202 5i -December 31, 202 74 HBMT MOU January 1, 2022.§ -Dece mber 31, 20241 ii 576 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE 1 .................................................................................................................. 1 ARTICLE I -TERM OF MOU ......................................................................................... 1 ARTICLE II -REPRESENTATIONAL UNIT/CLASS ....................................................... 1 ARTICLE Ill -MANAGEMENT RIGHTS ........................................................................ 2 ARTICLE IV -EXISTING CONDITIONS ......................................................................... 2 ARTICLE V -SEVERABILITY ....................................................................................... 2 ARTICLE VI -SALARY SCHEDULE ............................................................................. 3 A. CLASSIFICATION AND SALARY RATES ....................................................................... 3 B. PERFORM.A.NCE BONUS PERFORMANCE BONUS ..................................................... 3 ARTICLE VII -SPECIAL PAY ....................................................................................... 34 A. EDUCATION ................................................................................................................ ~4 1. Tuition Reimbursement ........................................................................................................... J4 B. ASSIGNMENT PAY ........................................................................................................ 4 1. Leadworker Differential ............................................................................................................. 4 2. Shift Differential ....................................................................................................................... 1_a a. Afternoon Shift .................................................................................................................. 1-a b. Night Shift ......................................................................................................................... 1_a C. Shifts Defined ................................ ············································· ...................................... 1_a C. SPECIAL CERTIFICATION/SKILL PAY .......................................................................... 5 1. Bilingual Skill ............................................................................................................................. 5 L Hazardous Materials Duty Assignment Pay r.D . ONE-TIME PAYMENT .................................................................................................... 5 ARTICLE VIII -UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ....................... §6 A. UNIFORM AND SAFETY SHOES ................................................................................ _§@ 1. Safety Shoes -Cost ................................................................................................................. 6 2. Safety Glasses .......................................................................................................................... 6 B. TOOL ALLOWANCE ....................................................................................................... 6 C. VEHICLE USE ............................................................................................................. §+ ARTICLE IX -HOURS OR WORK/OVERTIME ............................................................. 7 A . WORK SCHEDULE ........................................................................................................ 7 1. Pay Definitions .......................................................................................................................... 7 2. Defined Workweek under Fair Labor Standards Act (FLSA) .................................................... 7 3. Flex Sched ule and Alternative Work Schedule -Civic Center Employees ............................ zg a. 5/40 Work Schedu le ........................................................................................................... 8 b. 9/80 Work Schedule ........................................................................................................... 8 c. 4/10 Work Schedule ......................................................................................................... §9 d. Existing Work Schedu les .................................................................................................. §9 B. OVERTIME/COMPENSATORY TIME ............................................................................. 9 HBMT MOU January 1, 202.2.§ -December 31, 2024Z 577 HUNTINGTON BEACH MUNICIPAL TE AMSTERS MEMORANDUM OF UND ERSTANDING TABLE OF CONTENTS 1. FLSA Workweek and Employee Pay Perio d ............................................................................. 9 2. Overtime .................................................................................................................................... 9 3. Work Shift that Exceeds Thi rteen (13) Hours ....................................................................... ~4-0 C. EMPLOYEE FATIGUE .................................................................................................. 10 D. CALLBACK .................................................................................................................. 10 E. MANDATORY STANDBY ........................................................................................... 1Q4 F. ACTING ASSIGNMENT ............................................................................................. 1Q4 G. COURT STANDBY TIME AND COURT APPEARANCE TIME ...................................... 11 ARTICLE X -HEALTH AND OTHER INSURANCE BENEFITS ................................ 112 A. HEALTH AND OTHER INSURANCE PREMIUMS ...................................................... 11~ B. ELIGIBILITY CRITERIAAND COST ............................................................................. 12 1. City and Employee Paid Medical Insurance -Employees and Dependents .......................... 12 2. Maximum Employ er Contributions .......................................................................................... 12 3. Part-Time Employees Contributions ....................................................................................... 13 4. Future Premiums and City Co ntributions ................................................................................ 14 C. COBRA ........................................................................................................................ 14 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ................... 14 E. LONG TERM DISABILITY INSURANCE (LTD) ............................................................. 14 F. MEDICAL CASH-OUT ................................................................................................... 14 G. SECTION 125 PLAN .................................................................................................... 15 H . MISCELLANEOUS ....................................................................................................... 15 1. Health Pla n Over-Payments ..................................................................................................... 15 I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY RETIREE MEDICAL SUBSIDY PLAN .......................................................................... 16 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ................................................. 16 ARTICLE XI -RETIREMENT ....................................................................................... 17 A . BENEFITS .................................................................................................................... 17 1. Self-Fu nded Supplemental Retirement Benefit ...................................................................... 17 2. Deferred Compensation .......................................................................................................... 17 3. Medica l In surance for Retirees ............................................................................................... 18 B . C A LIFORNIA P UBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) .......................... 18 1. Class ic Membe rs Miscellaneous Unit Members ..................................................................... 18 2. New Member Mi scellaneous Unit Members ........................................................................... 19 C. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT ........................... 19 D. FOURTH LEVEL OF 1959 SURVIVOR BENEFITS ...................................................... 19 ARTICLE XII -LEAVE BENEFITS ............................................................................... 20 A. LEAVE WITH PAY ........................................................................................................ 20 1. General Leave ........................................................................................................................ 20 a. Accrual .............................................................................................................................. 20 HB MT MOU Ja nuary 1, 2022§ -December 31, 20241 ii 578 HUNTINGTON BEACH MUNICI PAL T EAMSTERS M EMORANDUM O F UND ERSTANDING TAB LE O F CONTE NTS b. Eli gibility and Approva l ...................................................................................................... 20 c. Conve rs io n to Cash ........................................................................................................... 20 d. One (1 ) Wee k Mi nimum Vaca ti on Requirement ............................................................... 2 1 2. City Pai d Holid ays ................................................................................................................... 2 1 a. City Observed Holiday ...................................................................................................... 2 1 b. Holiday Paid Time Off fo r Part-Ti me Empl oyees .............................................................. 22 c. Holid ay Pay fo r Work on a City Observed Holid ay ........................................................... 22 d. Ho liday Pay for Wo rk on a n Actu al Hol iday (Not the City Observed Date) ...................... 22 e. Altern ati ve Work Sched ul es ............................................................................................. 22 f. CalPE RS Reportin g of Ho liday Pay ................................................................................. 22 3. Sic k Leave .............................................................................................................................. 23 a. Accru al ............................................................................................................................ 23 b. Cre dit .............................................................................................................................. 23 c. Usage .............................................................................................................................. 23 d . Payoff at Separati on ....................................................................................................... 23 e. Extended A bse nces ........................................................................................................ 23 4 . Be reavement Leave ................................................................................................................ 23 5. Assoc iatio n Busi ness .............................................................................................................. 24 6. Jury Duty ................................................................................................................................. 24 7. Leave Be nefits Enti tlement ..................................................................................................... 24 ARTIC LE XIII -CITY RU LE S ....................................................................................... 24 ARTICLE XIV -MISCELLAN EOUS ............................................................................ 24 A. GRIEVANCE ARBITRATION ........................................................................................ 24 B. PROM O TIONAL PROCEDURES ................................................................................. 25 1 . Tie Scores ............................................................................................................................... 25 2. Salary Upon Pro motion ........................................................................................................... 25 C . LABOR-MAN AGEMENT RELATIONS COMMITTEE .................................................... 25 D. COPIES OF MOU ........................................................................................................ 26 E. POS ITION C LASSIFI CATION ISS UES ........................................................................ 26 1. Class Specifi catio ns ................................................................................................................ 26 2. Recl ass ification Impact ........................................................................................................... 26 F. CLA SSAAND B DR IVER LI C EN S E FEES .................................................................. 26 G . DEFERRED C O M PEN SATION LOAN PROGRAM ...................................................... 26 H. PER FORMANCE EVA LU ATION S/ WRITTEN REPRIMAND A PPEA LS ....................... 27 I. HBM T LETTER O F I NTRODUCTION .......................................................................... 27 J . DEPARTMENT OF TRA NSPORTAI O N (DOT) RAN DOM A LCO HOLAND CONTRO LLED SUBSTA NCE TESTING ............................................................................................... 27 K. U PDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTI O N (EERR) .................... 27 L. REQ UIRED FINGE RPRI NTING OF EM PLOYEES ...................................................... 27 M. BEAC H PA R KIN G ........................................................................................................ 27 !i._REASO NAB LE S USPIC IO N A LCO HOL AND CO NTRO LLED S UBSTANC E T ES TIN G 27 0 . PERFORMANCE EVALUATIONS HB MT MOU January 1, 20225 -Decem ber 31, 20 24I iii 579 HUNTINGTON BEACH MUNICIPAL TEAMSTERS MEMORANDUM OF UND ERSTANDING TABLE OF CONT ENTS P. HAZARDOUS MATERIALS ASS IGNM E NT PAY AND STANDBY PAY N:-...................................................................................................................................... 1 AYOFF, BUMPING RIGH T S , RE-EMPLOYMENT ARTICLE XV DURING THE TERM OF THE AGREEMENT ..................................... 28 A . CLASS IFICATION AND COMPENSATION STUDY ...................................................... 28 B. PERFORMANCE EVALUATIONS ................................................................................ 28 ARTICLE XVt -CITY COUNCIL APPROVAL .............................................................. 29 LIST OF MOU EXHIBITS ............................................................................................. 30 EXHIBIT A -PAY SCHEDULE ..................................................................................... 31 EXHIBIT B -UNIFORM POLICY ................................................................................. 39 EXHIBIT C -VEHICLE USE POLICY ........................................................................... 47 EXHIBIT D --9/80 WORK SCHEDULE PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN ........................................................................................................... 51 EXHIBIT E --4/10 9J30-.WORK SCHEDULE ........................ ; ...................................... 55 --- EXHIBIT F -_-PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN 4/4-0 'A'ORK SCHEDULE ...................................................................................................... 58 EXHIBIT G -AGENCY SHOP AGREEMENT .............................................................. 60 EXHIBIT H -CATASTROPHIC LEAVE DONATION PROGRAM ................................ 63 EXHIBIT I -HEALTH AND OTHER INSURANCE BENEFITS/TEAMSTERS MISCELLANEOUS SECURTY TRUSTFUND .............................................................. 67 HBMT MOU J anuary 1 , 2022.§ -December 31, 2024Z iv 580 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) And THE HUNTINGTON BEACH MUNICIPAL TEAMSTERS (Hereinafter called ASSOCIATION or HBMT) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Association, a duly recognized employee Association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the period January 1, 202§2 through December 31, 202Z4 ; and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective January 1, ~2025 , and is agreed as follows : ARTICLE I -TERM OF MOU A. This Memorandum of Understanding shall be in effect for a term commencing on January 1, 2-0n-2025, the effective date.,_ through December 31, 20042027 . B. This Agreement constitutes the entire Agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the Association for the duration of this Agreement. ARTICLE 11 -REPRESENTATIONAL UNIT/CLASS It is recognized that the Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of permanent employees of the City within those class titles set out in Exhibit A attached hereto and incorporated herein. The term "permanent employee" herein shall be referred to as "emp loyee" and is used only to determine entitlement to certain employee benefits provided by this MOU and is defined as follows; an employee that has completed or is in the process of comp leting a probationary period in a permanent position in the competitive service in which the employee regularly works twenty (20) hours or more per week. Additionally, the representation unit shall include a ll non-safety, non-management classifications which are created after execution of this Agree ment and are not included in another representation unit or determined in accordance with the Employer-Employee Relations Resolution to be more appropriately designated as Non-Associated (NA) classifications. HBMT MOU January 1 , 2022 -Decembe r 3 1, 2024 1 581 HUNTINGTON BEACH MUNICIPAL TEAMSTERS The City Manager reserves the right to designate up to seven (7) Association employees as confidential on an annual basis, or as needed. The confidential employee designations shall be determined by the City Manager for those employees having access to or preparing confidential materials and/or information and/or recommendations on behalf of the City in its dealings with employee associations . The City shall prov.ide the Association with the names of the employees who are designated as confidential. ARTICLE Ill -MANAGEMENT RIGHTS The parties agree that the City has the right to make unilateral decisions that are outside the scope of bargaining, as defined by state and federal law and Public Employment Relations Board (PERB) decisions. Except as expressly abridged or modified herein , the City retains all rights , powers and authority with respect to the management and direction of the performance of City services and the work forces performing such services , provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages , hours and terms and conditions of employment or be construed as granting the City the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include , but are not limited to , consideration of the merits, necessity, level or organization of City services, including establishing work stations , nature of work to be performed, contracting for any work or operation , reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE IV -EXISTING CONDITIONS Except as expressly provided herein , the adoption of th is Memorandum of Understanding shall not change existing benefits, and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach . ARTICLE V -SEVERABILITY If any Article , Sub-Article, sentence, clause, phrase or portion of this Agreement, or the application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons . The City and the Association hereby agree that in the event any state or federal legislative , executive or administrative provision purports to nullify or otherwise adverse ly affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the City and the Association shall , without prejudice to e ither party's judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative , executive or administrative provision. HBMT MOU Janu a ry 1, 2022~ -Decemb er 31, 20 24Z 2 582 HUNTINGTON BEACH MUNICIPAL TEAMSTERS ARTICLE VI -SALARY SCHEDULES A. Classification and Salary Rates Empl oyees shall be compensa ted at rates by classificati on t itle and salary rang e during the term of t his Agreement as set out i n Exh ibit A attached hereto and incorporated herein un less expressly provided for in other Articles of th is MOU . All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income , withholdings, and deductions. Effective the pay period including January 1, 2025, employees wi ll receive a base salary increase of three percent (3%). Effective the pay period including January 1, 2026 , employees will receive a ba se salary increase of three percent (3%). Effective the pay period including January 1, 2027, employees will rece ive a base salary increase of three percent (3 %). Effective at the beginning of the pay period including January 1, 2022 , the parties agree that the salary schedule in Exhibit A reflects the following modifications from the salary schedule in the 2019 2020 MOU: +. The salary sch edu l e wi ll include seven (7) steps from A G; Tt'l e steps ·will be five percent (5%) steps; The salary ranges w ill be one percent (1 %) apart; 4-;-Eact'l job classifi catio n will be ass ign ed a sala ry range by: a-; Loca t ing the range on the new sa l ary sc t'l edule ·witt'l a Step F th at is nearest to the positio n's c u rrent top step (Step E) without being less; and t hen , b:---Movi ng t wo ranges t'ligt'ler, tt'lereby providing a wage increase of not l ess than two percent (2%) for all employees in tt'le Associ ation . HBMT MOU January 1, 2022§ -December 31, 202 4Z 3 583 HUNTINGTON BEACH MUNICIPAL TEAMSTERS Each emp l oyee will be placed on t he step (A F) of thei r classificati o n's assigned salary range that is nearest to the i r base salary step (A E of t he 2019 2020 salary sched ule) w ithout being l-es-s: Once placed on the new, seven step salary schedul e, empl oyees w i ll be eligible to m ove to the next step on the ir anniversary date (i.e., the date t h ey are due for th ei r next evaluat ion) u pon rece ipt of a satisfacto ry evaluation . &. Performance Bonus B. Addition of Step HPe rformance Bonus Effective the fi rst f ull pay period followi ng City Council ado ptio n, the existing performance bonus shall be replaced with the addition of a new sa lary step at t he top of the salary range. This added step , Step H , w ill prov ide a 5% inc rea se from current Step G . The parties agree t hat the sa lary schedule in Ex hi b it A reflects the followi ng : 1. The salary schedule wi ll inclu de e ig ht (8) steps from A -H ; 2 . The steps will be five percent (5%) steps; 3 . The salary ra nges wil l be one perce nt (1%) apart; 4 . Eac h job class ification wi ll be ass ig ned a salary range; -Employees will be e ligib le to move to the next step o n the ir anniversary date (i.e.: t he date they are due for the ir next eva luati on) upon rece ipt of a satisfactory evaluation . 5 . Effective at th e begi n ning of the pay period including January 1, 2022, employees in the uni t who are at step G on the salary schedu le are eligib le for an annual performance bonus of up to three percent (3%) of their base pay at the time of their eva luation . The annual performance bonus amount 'Nill be determ ined based upon t he eva luation of the employee 's performance . A completed performance evaluation, 1Nith specific recognition of ou t sta nding performance must be attached to the Personne l A ction Form a nd sent to the Human Resources Division . The evaluation wi ll also identify performance goals and obj ectives . Employees w h o d isagree with the performance bonus a•Nard granted by their supe rv isor / manag er may appeal the decisio n di rectly to thei r Department Head fo r addit ional cons ideration . After review, the Department Head 's final decision regard ing the performance bo nus award amount shall be final and bindi ng , and sha ll not be subject to griev ance . HB MT MOU J anuary 1, 20 22.§-December 3 1, 2024Z 4 584 HUNTINGTON BEACH MUNICIPAL TEAMSTERS The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571 (a)(1) Bonus . ARTICLE VII -SPECIAL PAY A. Education 1. Tuition Reimbursement Upon approval of the Department Head and the Administrative Services DirectorDirector of Human Resources , employees may be compensated for courses from accredited vocational and educational institutions. Tuition reimbursement shall be limited to courses related to the employee's current job or any job family in the City to assist in career advancement, or courses required to meet educational degree objectives. All courses require prior approval by the Department Head and the Administ rative Services DirectorDi rector of Human Resources . Education costs shall be reimbursed to employees on a first-come, first-served basis for a full refund for tuition, books, parking (if a required fee), and any other required fees upon presentation of receipts. On a first-come, first-served basis, the maximum annual benefit per fiscal year for each employee is five thousand two hundred-fifty dollars ($5,250), until the maximum allocation for the entire bargaining unit of seventy-five thousand dollars ($75,000) in each fiscal year period has been allocated. Reimbursements shall be made when the employee presents proof to the Administrative Services DirectorDirector of Human Resources that they have successfully completed the course with a grade of "C" or better; or a "Pass" if taken for credit. B. Assignment Pay 1. Leadworker Differential Any employee classified as a "Leadworker" shall receive no less than eight percent (8%) above the highest classification, which is assigned to the Leadworker to lead . 2 . Shift Differential a . Afternoon Shift Employees required to work on a regularly ass ign ed shift that occurs between the hours of 4:00 PM and midnight, sha ll be paid a special pay equal to five percent (5%) of the employee's base hourly rate of pay (as defined in Article IX) for all work performed during said shift. HBMT MOU January 1, 2022§ -December 31, 2024Z 5 585 HUNTINGTON BEACH MUNICIPAL TEAMSTERS b. Night Shift Employees required to work on a regularly assigned shift that occurs between midnight and 8:00 AM shall be paid a special pay equal to ten percent (10%) of the employee's base hourly rate (as defined in Article IX). c. Shifts Defined Employees will be considered as assigned to the afternoon shift (4:00 PM to midnight) or the night shift (midnight to 8:00 AM) when five (5) or more hours of their regularly assigned shift occurs in the afternoon or night shift as defined herein. C. Special Certification/ Skill Pay 1. Bilingual Skill Employees who are required by their Department Head to use Spanish , Vietnamese , or American Sign Language skills as part of their job assignment, shall be paid an additional five percent (5%) of their base hourly rate (as defined in Article IX) in addition to their regular bi-weekly pay. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Administrative Services DirectorDirecto r of H uman Resources or designee . Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Manager. Such employees shall receive the additional five percent (5%) of their base hourly rate of pay (as defined in Article IX) for every bi-weekly pay period that the assignment is in effect. In order to be eligible for said compensation, employee's language proficiency will be tested and certified by the Administrative Services Dire ctor Director of Human Resources or des ignee. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR , Section 571 (a)(4) Bilingual Premium. 2 . Hazardous Materials Duty Assignment Pay Employees assigned to HazMat Duty by their department head or his or her designee shall receive five percent (5 %) of their base salary for the specific hours performing the HazMat Duty assignment. The parties agree that to the extent permitted by law, Hazardous Materials Duty Assignment Pay is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571 (a)(4) Hazard Premium. HBMT MOU January 1, 2022.§ -De cembe r 31, 2024Z 6 586 HUNTINGTON BEACH MUNICIPAL TEAMSTERS D. One-Time Payment Effective the first full pay period fo ll owing Council adoption of th is MOU, a ll members currently employed on the date of City Council adoption of th is MOU shall receive a one-time payment of $1,000 .00 . Employees may select to receive the payment di rectly in their deferred compensation 457 acco unt or on their paycheck . This one-t ime payment does not meet t he c riteria under Title 2, Ca lifornia Code of Regu lations, Section 571(b) as reportable compensation for retirement pu rposes. ARTICLE VIII-UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniform and Safety Shoes The City's Uniform and Safety Shoe Policy shall be set forth in Exhibit B, a copy of which is attached hereto and incorporated herein by this reference , provided however, that employees represented by HBMT working in the Police Department shall be issued property in accordance with the equipment issue form for the particular position to which they are assigned . 1. Safety Shoes -Cost C o st The City shall furnish safety shoes in accordance with the procedures and guidelines as set forth in Exhibit B, provided however, that the maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and twent ys ev en ty-five dollars ($™2 75 .00) per pair every six (6) months or sooner, if necessary. 2. Safety Glasses Prescription safety glasses shall be provided upon the approval of the Supervisor. The cost of prescription safety glasses shall not exceed two hundred ninety-nine dollars ($299.00) in each two (2) year period, or sooner if medically prescribed . B. Tool Allowance Those employees, who are required to furnish their own personal tools for use on the job, shall be provided with a tool allowance to offset a portion of the cost for said tools that are lost, stolen or broken when in use on the job. Such allowance shall be eight hundred dollars ($800 .00) per year, payable in Ja nuary of each year, separate from payroll checks to those employees on active duty. In the event an employee is hire d or separates, their tool allowance for that calendar year shall be prorated on the basis of the total number of months in which they were employed on the first working day of the year. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of their personal tools. The following classifications are eligible to receive tool allowance : HBMT MOU January 1, 2022.§ -De cember 31, 2024Z 7 587 HUNTINGTON BEACH MUNICIPAL TEAMSTERS • Equipment/1\utoFleet Maintenance Crewleader • Equipment/1\utoLead Fleet Maintenance LeadworkerMechanic • Mechanic ~ • Mechanic II • Mechanic IIISen ior Mechanic • Helicopter Maintenance Technician • Senior Helicopter Maintenance Technician C . Vehicle Use The City Vehicle Use Policy is attached in Exhibit C. Approval is required by the City Manager or designee for any City vehicle to be taken home by an employee. Unit employees subject to the vehicle use policy in Exhibit C shall be required to participate in the OMV Pull Notice Program ARTICLE IX -HOURS OF WORK/OVERTIME A. Work Schedule It is the intent of the City to provide an opportunity for employees to select a flexible (flex) schedule and/or alternative work schedule that is consistent with the City's objective that such schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 1. Pay Definitions For the purpose of this Agreement, the following definitions shall apply: a. Base Hourly Rate of Pay is defined as the hourly rate of pay that is identified in Exhibit A , Salary Schedules. b . Regular Rate of Pay is defined as the base hourly rate plus (including) special pays as identified in Article VI I. c. Overtime Rate of Pay is defined as the base hourly rate of pay times one and one half (1 ½) plus (including) special pays as identified in Article VII. d. Hours of Work includes: General Leave, Holidays, Sick Leave and Compensatory Time for the purpose of calculating overtime . 2. Defined Workweek under Fair Labor Standards Act (FLSA) HBMT MOU Ja nuary 1, 2022.§-Dece mber 31, 20 24Z 8 588 HUNTINGTON BEACH MUNICIPAL TEAMSTERS It is understood that the City has established a workweek for each covered employee which meets the requirements of the FLSA and which will not result in overtime compensation as part of a normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime . The designated workweek shall not change unless extraordinary circumstances require a change in the employee's regular work schedule due to operational need. A change in the designated FLSA workweek shall be recommended by the Department Head and approved by the Administrative Services DirectorDirector of Human Resources . 3. Flex Schedule and Alternative Work Schedule -Civic Center Employees With Supervisor and Department Head approval employees may flex regular scheduled start times between the hours of 6:30 A.M. to 9:00 A.M . in half-hour increments (i.e. 6:30 A.M., 7 :00 A.M., 7 :30 A.M., 8:00 A.M., 8:30 A.M ., and 9:00 A.M.). Flex schedules shall not reduce service to the public , departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. Once a flex schedule is established , an employee shall not change that schedule until the end of the pay period, with the approval of the Department Head. Employees will have the option of working a 5/40 or 9/80 work schedule with Supervisor and Department Head approval. Employees assigned to the Police Department shall retain the option of working the 4/10 work schedule with Supervisor and Department Head approval. In order to maintain service to the public, departmental effectiveness, productivity and/or efficiency, a Department Head may assign an employee a different work schedule that is in compliance with the requirements of FLSA with City Manager approval. a. 5/40 Work Schedule The 5/40 work schedule shall be d efined as working five (5) eight (8) hour days Monday through Friday each week plus a one (1) hour unpaid lunch during each work shift, totaling a forty (40) hour workweek . The assigned 5/40 work schedule must be in compliance with the requirements of FLSA. b . 9/80 Work Schedule f;-Civic Center Employees The 9/80 work schedule, as outlined in Exhibit €0 , shall be defined for all employees assigned to the Civic Center as working nine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day (Friday) for eight (8) hours, plus a one (1) hour unpaid , scheduled lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not re duce se rvice to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. HBMT MOU January 1, 2022!! -December 31, 2024I 9 589 HUNTINGTON BEACH MUNICIPAL TEAMSTERS it; Non Civic Center Emp loyees The 9/00 ·work schedule, as outlined in Exhibit E, shall be defined for all employees not ass igned--t6 the Civic Center as working nine (9) days for eighty (00} hou rs i n a two (2) week pay peri od-by working eight (0) days at nine (9) hours per day and working one (1} d ay (Friday} for eight (0} hours, plus a one (1} hour unpaid scheduled lunch during each work shift, totaling forty (40} hours in each FLSA ·workweek. The 9/00 ·work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or effi ciency as determined by t h e City Manager or desi gnee. c. 4/10 Work Schedule The 4/10 work schedule, as outlined in Exhibit_4E , shall be defined as working four (4) ten (10) hour days each week plus a one (1) hour unpaid lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The assigned 4/10 work schedule must be in compliance with the requirements of FLSA. The 4/1 0 work schedule shall not reduce service to the public, departmental effectiveness , productivity and/or efficiency as determined by the City Manager or designee. d . Existing Alternative Work Schedules Non Civic Center employees who had an alternative work schedu le (9/80 or 4/10) prior to February 1, 2003, may retain that alternative work schedule. Employees assigned to Beach Operations may be required to work a 4/10 work schedule. Civic Center employees who had an alternative work schedule (9/80) prior to February 1, 2003, may revert to that alternative work schedule (9/80) in the event their Supervisor and/or Department Head determine that the 9/80 schedule set forth in this Article is inappropriate for the employee's classification . B. Overtime/Compensatory Time 1. FLSA Workweek and Employee Pay Period Each employee is assigned a designated workweek as a seven (7) day workweek that begins and ends based upon a defined work schedule . Each employee's pay period is a fourteen ( 14) day cycle that consists of two (2) consecutive workweeks. It is the policy of the City that overtime is to be used only as needed or under emergency conditions, as approved by the City Manager or designee . 2. Overtime HBMT MOU Janua ry 1, 2022.§ -De cember 31, 2 024Z 10 590 HUNTINGTON BEACH MUNICIPAL TEAMSTERS FLSA "non-exempt" employees shall be compensated at the Overtime Rate (in the form of pay or compensatory time) for hours worked over forty (40 ) hours in a workweek . 3 . Work Shift that Exceeds Thirteen (13) Hours An employee who performs authorized work immediately preceding or upon completion of a regular work shift (extension of a workday) that exceeds thirteen (13) hours in a shift shall be compensated as follows: a. One and one -half (1 ½) times the employee's regular rate of pay for all hours worked in excess of their regular workday, up to and including thirteen (13) hours in any workday, and b . Two (2) times the employee's regular rate for all hours worked in excess of thirteen (13) hours in a workday. 4. The employee's Supervisor shall determine if the employee receives overtime pay or compensatory time. Consideration shall be given to effectuating the request of the employee ; however, the maximum accrual for compensatory time shall be one hundred forty (140) hours . 5 . Two (2) times per fiscal year an employee may cash out hours of banked compensatory time, for maximum annual cash out amount of one hundred ten (110) hours. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option . C. Employee Fatigue An employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation , upon completion of the assignment. Regularly scheduled lunch periods are not considered part of this rest period. If the eight (8) hour rest period extends into the employee's next regularly sch e duled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As far as is practicable , employees who have earned a rest period shall be relieved at th e start of their regular work shift in order to take such rest period . This application of this provision shall includ e scheduled work assignments and extended work assignments. HBMT MOU J anuary 1, 2022.§-December 31, 20 241 11 591 HUNTINGTON BEACH MUNICIPAL TEAMSTERS D. Callback Employees called back to work shall be compensated a minimum of two (2) hours of overtime pay at the regular rate of pay. A Supervisor shall notify an employee, in advance, of the need to work overtime. Where overtime is worked as an extension of the workday, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. An employee called back to work less than two (2) hours before their shift begins shall not be paid Call Back pay but will be paid in accordance with Article IX. C. Overtime/Compensatory Time. E. Mandatory Standby An employee who is placed on standby status by their Supervisor shall be compensated at an hourly rate equal to 0.180 of their base hourly rate of pay for the entire period of such assignment. F. Acting Assignment If an employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for all hours worked in the higher classification at a rate which is at least five percent (5%) above their pay step, but such pay increase shall not exceed ten percent (10%) and not to exceed the top step of the pay range for all hours worked in the higher classification. In the event a non-exempt employee is assigned to act in a classification that is exempt from overtime, the employee shall retain all special pays of their non-exempt classification and shall receive compensation for hours worked over forty (40) hours in the designated FLSA workweek on an hour for hour basis , at the regular rate of pay. Such pay shall be paid or credited to the employee's compensatory time off balance at the discretion of the Department Head or designee. Acting assignments are not ·intended to exceed six (6) months unless extraordinary circumstances warrant an extension as recommended and approved by the Administrative Services DirectorDirector of Human Resources . Under no circumstances shall an acting assignment exceed one (1) year nor shall it be considered a reclassification or a promotion. Employees on acting assignment obtain no property rights in the acting assignment and may be returned to their regular position at any time. Upon promotion to an FLSA exempt classification , all compensatory time off shall be cashed out prior to promotion at the employee's current regular rate of pay in the non- exempt classification. G. Court Standby Time and Co urt Appearance Time HBMT MOU J anuary 1, 202-2.§ -December 31, 2024I 12 592 HUNTINGTON BEACH MUNICIPAL TEAMSTERS An employee who is required to perform court standby duty in the performance of their official capacity with the City, shall be eligible for Court Standby Time or Court Appearance Time. An employee who is required to be on standby for a court appearance during other than their regularly scheduled work hours shall receive a minimum of three (3) hours' time at their regular rate of pay for each morning and afternoon session. In the event an employee is required to appear in court during other than their regularly scheduled work hours, the employee shall receive a minimum of three (3) hours at the overtime rate; provided, however, that if such time overlaps with the employee's regularly scheduled work hours, this provision shall be limited to those hours occurring prior to or after the employee's regularly scheduled work time. A legally served subpoena or the direction of the Department Head shall be required to support the payment of Court Standby or Appearance Time. ARTICLE X -HEALTH AND OTHER INSURANCE BENEFITS A. Health and Other Insurance Premiums The City shall continue to make available group medical , dental and vision benefits to all employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Divis ionH u ma n Resources Depa rtment. B. Eligibility, Criteria and Cost 1. City and Employee Paid Medical Insurance -Employees and Dependents The City and employee shall each pay for health insurance premiums for qualified employees and dependent(s) effective the first of the month following the employee's date of hire. The employee deduction for premium contributions shall be aligned with the effective date of coverage upon the employee's separation. The payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and prorated for coverage through the end of the month in which employment was separated . All employee contributions shall be deducted on a pre-tax basis. 2 . Maximum Employer Contributions HBMT MOU January 1, 2022.§ -December 31, 20241 13 593 HUNTINGTON BEACH MUNICIPAL TEAMSTERS For the term of this agreement , and thereafte r unless mod ified by negotiated agreement of the parties, the City's maximum monthly employer contributions for each employee's health and other insurance premiums are set forth as follows.1 and summ arized i n t he table bel ow : a. Effective the pay period that includes Jan uary 1, 2022October 1, 2025 , the City 's maximum monthly contribution to medical premiums will increase__Qy $75 .00 per month. per med ical pla n a nd en rollment t ier. up to. but not t o exceed t he month ly p lan pre mium cos t. as summarized in the tab le belo11t', up to, but not to exceed th e monthly plan premium cost. L Effective the pay period that includes January 1, 2023October 1. 2026 , the City 's maximum monthly contribution to medical premiums will increase by $~65 .00 per month , per medical plan and enrollment tier, up to, but not to exceed the monthly plan premium cost. b-:-c. Effective t he pay per iod that includes October 1, 2027, the City 's maximum monthly contr ibut ion to med ical prem iums will increase by $55 .00 per month. pe r medical plan and enro llment t ier. up to. bu t not to exceed t he month ly plan premium cos t. e-:-_d._The City's contribution to Delta Dental PPO , Delta Care HMO , and Vision Service Plans (VSP ) will not increase , as shown in the table below. The dental insurance maximum coverage is two thousand dollars ($2 ,000.00) per year. The maximum City contribu t ion shall be based on the employee's enrollment in each plan. If an employee's health insurance premium (medical, dental , and/or vision) exceeds the City's contribution, the employee shall be responsible for paying the difference between the cost of the premium and the City 's contribution. Max imum C itl Health Contributions The Ci t y agrees to co ntribute up to the p lan premium per tier. but not higher t han the maximums listed below: P lan Tier Current Effective Effective Effective 10/1/2025 10/1/2026 10/1 /2027 Sina le 854 .52 929 .52 994 .52 1 049 .52 Medical Two -Pa rtv 1 448 .18 1 523 .18 1 588 .18 1 643 .18 Fam ilv 1 710 .68 1 785 .68 1 850.68 1 905 .68 Single 53.44 53.44 53.44 53.44 HBMT MOU J anuary 1, 202-2.§-De ce mber 31, 2024I 14 594 HUNTINGTON BEACH MUNICIPAL TEAMSTERS Delt a Two-Partv 100.34 100 .34 100.34 100.34 Dental PPO Fam ilv 132 .7 0 132 .70 132.70 132.70 S i nal e 23.48 23.48 23.48 23.48 Delta Care HMO Two-Pa rtv 39 .95 39 .95 39.95 39.95 Familv 61.07 61 .07 6 1.07 61.07 S inale 21 .88 21.88 21 .88 21.88 VS P Two-P artv 2 1.88 21.88 21 .88 21 .88 Fa m i lv 21 .88 2 1 .88 21 .88 2 1.88 Maximum City l=fealth GentFibutiens The City agrees to contribute up to the p lan premium per tier, but not higher than the ma*imums listeEl belew.- Effective Effective P-laR +ier Prier Year 11112022 11112023 Single 779.GG ga~.~g 8a4 .a2 MeEHBal +v.io Party ~ aa7 .GG ~424.8a ~ 448 .~ g Family ~€lG7.QQ ~@87.aa ~7~Q .€l8 Single ~ ~ ~ Delta Dental +wo Party ~GG.J4 ~QQ.J4 ~GQ.J4 WG Family ~ J2 .7Q ~J2 .7Q ~ J2.7G Sing le ~ ~ ~ Delta Care +WO Pa1:ty ~ ~ ~ t4MG Family e4:-G+ e4:-G+ e4:-G+ Sing le ~ ~ ~ vgp. :PNo Party ~ ~ ~ HBMT MOU J anuary 1, 20 22§-December 31, 2024Z 15 595 HUNTINGTON BEACH MUNICIPAL TEAMSTERS Fam il y Part-Time Employee Contributions Part-time employees hired after July 1, 2006, shall receive a prorated amount of the City's contribution rate as established for full-time employees based on the employee's work schedule, either fifty percent (50%) for half-time (1/2) or seventy- five percent (75%) for three-quarter time (3/4). Future Premiums and City Contributions For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties , the City's monthly contributions to medical, dental , and vision insurance shall remain as specified for the 2022 and 20232027 Health Premiums and Contribution amounts , unless otherwise specified herein. C. COBRA Employees who terminate their employment with the City and their dependent(s) shall have any and all the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) benefits as well as Cal-COBRA (AB1401) to which the law entitles them . D. Life and Accidental Death and Dismemberment Insurance Each employee shall be provided with fifty-thousand dollars ($50,000.00) of life insurance and fifty-thousand dollars ($50,000 .00) of accidental death and dismemberment insurance coverage paid for by the City. Each employee shall have the option, at their own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers . E. Long Term Disability Insurance (LTD) The City shall provide for each employee at the City's expense a long-term disability insurance plan. The parties agree to exclude job-related illness or injury from coverage. A copy of the LTD insuran ce plan may be obtained from the Human Resources Divisi o nHuman Resources Department. The intent of long-term disability insurance is to assist employees who are off work for an extended period of time. While long -term disability benefits can be coordinated with accrued leave benefits to achieve on hundred percent (100%) of regular rate of HBM T MOU Ja nuary 1, 20 22.§ - Dec ember 31 , 202 4Z 16 596 HUNTINGTON BEACH MUNICIPAL TEAMSTERS pay, no employee may receive more than their regular rate of pay while receiving disability benefits and paid leave. F. Medical Cash-Out Group health insurance for this unit is provided by the Teamsters Miscellaneous Security Trust Fund. If an employee obtains approval from the Teamsters Miscellaneous Security Trust Fund to suspend medical and prescription benefits, they may receive a Medical Cash-Out. The amount of cash-out is equal to the City's contribution to the lowest cost employee-only medical premium offered to this unit. Evidence of approved suspension must be submitted to the Human Resources QMsiooHuman Resources Department. Medical Cash-Out would commence the beginning of the first pay period following the effective date of the approved suspension granted by the Teamsters Miscellaneous Security Trust Fund. The Medical Cash-Out is subject to increase up to a maximum of $831.19929.52 effective Ja nuary 1, 2022October 1, 2025 , afld-up to $854 .52994.52 effective January 1, 2023October 1, 2026 , and up to $1,049 .52 effective Oct ober 1, 2027, not to exceed the lowest cost single plan tier monthly premium. If the lowest cost single tier plan monthly premium is less than the Medical Cash-Out maximum, then, the cash-out will equal the lowest cost single plan tier monthly premium. G. Section 125 Employee Plan This plan allows employees to use pre-tax salary deductions to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses allowable under the Internal Revenue Service rules for a Section 125 plan . H. Miscellaneous 1. Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers or self-fund should circumstance warrant. City shall , however, notify the Association of any proposed change and allow the Association an opportunity to review any proposed change and make recommendations to the City. 2 . Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3 . When the City grants an employee leave without pay for reason of medical disability, the City shall continue to contribute its share of the employee's insurance premiums, pursuant to Article X .B.2 . for the time the employee is in a non-pay status for the length of said leave not to exceed twenty-four (24) months. The City shall provide timely written notification of employee rights under this Article and the HBMT OU J a nu a rv . 20 25 -December 3 . 0 47 17 597 HUNTINGTON BEACH MUNICIPAL TEAMSTERS LTD Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. 4 . The City and the Association participate in a City-wide joint labor and management Insurance and Benefits Advisory Committee to discuss and study issues relating to insurance benefits available for employees . 5. Health Plan Over-Payments Employees shall be responsible for accurately reporting changes in the status of dependent(s), which affect their eligibility for health plan coverage ninety (90) days after the date of such status change. The City shall use its best efforts to advise all employees of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: a. The employee's bi-weekly salary warrant shall be reduced by one-half (1/2) of the amount of the bi-weekly overpayment. Such reduction shall continue until the entire amount of the overpayment is recovered. b. The City shall be entitled to recover a maximum of twelve (12) months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. I. Retiree Medical Coverage for Retirees Not Eligible for the City Retiree Medical Subsidy Plan Employees who retire from the City after January 1, 2004 .. and are granted a retirement allowance by the California Public Employees Retirement System (CalPERS) and are not eligible for the City's Retiree Medical Subsidy Plan , may choose to participate in City sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the CalPERS and are not eligible for the City's Retiree Medical Subsidy Plan and choose not to participate in City sponsored medical insurance , upon retirement permanently lose e ligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Medical Subsidy Plan chooses not to participate in a City sponsored medical insurance plan because the retiree has access to other group medical insurance, and subsequently loses eligibility HR Oll .I.an I rv 1. 202 5 -Dec:emhe 31. 20247 1R 598 HUNTINGTON BEACH MUNICIPAL TEAMSTERS for that group medical insurance, the retiree and their qualified dependents will have access to City sponsored medical insurance plans reinstated . Eligibility for retiree medical coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J . Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Medical Subsidy Plan as of January 1, 2004 .. and all future retirees who meet the criteria to participate in City sponsored medical insurance , with or without the Retiree Medical Subsidy Plan, may participate in a City sponsored medical insurance plan that is supplemental to Medicare . A retiree or qualified dependent must choose to participate in a City sponsored medical insurance plan that is supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in a City sponsored medical insurance plan that is supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents upon turning age sixty-five (65), who choose not to participate in a City sponsored medical insurance plan that is supplemental to Medicare, permanently lose eligibility for this insurance. ARTICLE XI -RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to December 27, 1997 .. are eligible for the Self-Funded Supplemental Retirement Benefit, which provides that: a . In the event a PERS member elects Option #1 , #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between the employee's elected option and the unmodified allowance which the retiree would have received for their life alone as provided in California Government Code sections 21455 , 21456, 21457, and 21458 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the retiree and shall be payable by the City during the life of the member, and upon that retiree 's death, the City's obligation shall cease. The method of funding this benefit shall be at th e sole discretion of the City. This benefit is vested for employees covered by this Agreement. HB T MOU Janua 1. 20225 -Dece mber 31. 20247 19 599 HUNTINGTON BEACH MUNICIPAL TEAMSTERS b. Employees hired on or after December 27, 1997, shall not be eligible for this benefit referenced in A.1 .a . herein above. 2 . Deferred Compensation Any employee who contributes one dollar ($1 .00) or more per pay period to their deferred compensation account shall receive an employer contribution in the amount of nine dollars and twenty-three cents ($9.23) per pay period to the employee's deferred compensation account. 3. Medical Insurance for Retirees a . Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under City sponsored plans : i. With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period allowed by federal law (COBRA), state law (Cal-COBRA); or, ii. Retirees may participate in the Retiree Medical Subsidy Plan, attached hereto as Exhibit GE, as amended, based upon the el igibility requirements described in Exhibit Qf iii. The value of any unused earned leave benefits may be transferred to deferred compensation at retirement, but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee's last day of employment. b. Employees hired on or after October 1, 2014 , shall not be eligible for this benefit referenced in A.3.a.ii. herein above. B. California Public Employees' Retirement System (CalPERS) 1. "Classic Member" Miscellaneous Unit Members a. Retirement Formula -Members of the City 's miscellaneous retirement plan with the California Public Employees' Retirement System (CalPERS) shall receive the 2 .5%@ age 55 CalPERS retirement plan . b . Member Contribution -All miscellaneous bargaining unit "classic" members shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income . HR T OI I .l:m, :uv ?O?!l/; -n " .I h P r ~1 ?0?"17 ?0 600 HUNTINGTON BEACH MUNICIPAL TEAMSTERS c. Classic Member Miscellaneous CalPERS Cost Sharing -Upon the effective date of this agreement, all classic members shall pay one percent (1 %) additional compensation earnable as employer cost sharing in accordance with Government Code section 20516(f) -for capped maximum employee pension contribution of nine percent (9%). The parties agree that this cost sharing agreement per Government Code section 20516(f) shall continue after the expiration of this MOU unless/until otherwise negotiated to either an agreement (in a successor MOU) or the expiration of the impasse process by the parties. This provision shall not sunset at the end of this agreement. d. One-Year Final Compensation -The City shall contract with CalPERS to have retirement benefits calculated based upon the "classic" member employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). e. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU . 2. "New Member" Miscellaneous Unit Members-For "New Members" within the meaning of the California Public Employees' Pension Reform Act (PEPRA) of 2013. a. CalPERS New Member Retirement Formula -"New" Members shall be governed by the two percent at age 62 (2%@ 62) retirement formula set forth in Government Code Section 7522.20. b. Final Compensation~ Final Compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. c. New Member Miscellaneous CalPERS Member Contribution -All "new" members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). d . New Member Miscellaneous Ca lPERS Cost Sharing -Upon the effective date , new members shall cost share 1.00% pensionable compensation in accordance with Government Code section 20516(f). This will ensure that these members will pay 7.25% of pensionable compensation when combined with the 6.25% pensionable compensation that these emp loyees are required to pay as determined by CalPERS's annual evaluation . If in future fiscal years the member contribution rate for new members shall become greater or less than 6.25% of pension compensation , as determined by Ca lP ERS's annua l B T Oil .I rnuv 1. 202 5 -Dei:e her 1. 20247 21 601 HUNTINGTON BEACH MUNICIPAL TEAMSTERS valuation, employees shall continue to pay one percent (1 %) above as cost sharing per Government Code section 20516 (f). C . Pre-Retirement Optional Settlement 2 Death Benefit Employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit Government Code Section 21548. D. Fourth Level of 1959 Survivor Benefits Employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Government Code Section 2157 4 . E. The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) and both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately the tax status of any benefit is determined by law. ARTICLE XII -LEAVE BENEFITS A. Leave With Pay 1. General Leave a. Accrual -Employees accrue leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation , Sick Leave , and personal leave. Years of Full-Time Three-Quarter One-Half Time Service Time First through 176 Hours 132 Hours 88 Hours Fourth Year Fifth through 200 Hours 150 Hours 100 Hours Ninth Year Tenth through 224 Hours 168 Hours 112 Hours . Fourteenth Year Fifteenth Year 256 Hours 192 Hours 128 Hours and Thereafter R T Mn! I . I;, ll 1;,rv 1 ?0?.2/i -n <>r.P m >Pr . 1 . ?0?4 7 ?? 602 HUNTINGTON BEACH MUNICIPAL TEAMSTERS b. Eligibility and Approval General Leave must be pre-approved, except for illness, injury, or family sickness, which may require a physician's statement for approval. General Leave accrued time is to be computed from hire date anniversary. Employees shall not be permitted to take general leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred forty (640) hours. An employee who earns General Leave hours in excess of six hundred forty (640) hours shall be paid the cash value of those additional hours in their paycheck. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. c. Conversion to Cash Two (2) times during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of one- hundred and twenty (120) hours of accrued General Leave per fiscal year. The value of each hour of conversion is at the employee's current base hourly rate of pay, as reflected in Exhibit A. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. d. One (1) Week Minimum Vacation Requirement Employees in the following positions, or their reclassified equivalent, in the Finance Department, shall take a minimum of one (1) week (i.e ., five (5) consecutive workdays) paid vacation each calendar year: Accounting Technician I; Account ing Techn ician II; Senior Accounting Technician -;-Accounting Technician Supervisor -;-Field Service Representative ,Senior Accountant (responsible for bank reconciliation) 2. City Paid Holidays a. Full-time employees shall be compensated for the employee's regularly scheduled work shift for the following holidays: 1. New Year's Day 2 . Martin Luther King Day (third Monday in January) 3. Presidents' Day (third Monday in February) RMT Mn I _1,,, ,,n, 1 ?n?.'.IJ; -n,,,-,,, '"" 11 ?n?&7 ?1 603 HUNTINGTON BEACH MUNICIPAL TEAMSTERS 4 . Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7 . Veterans Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10 . Christmas Eve (December 24) 11. Christmas Day (December 25) 12. New Year's Eve (December 31) Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a State holiday and adopted as an employee holiday by the City Council of Huntington Beach. b . City Observed Holidays The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed , following the guidelines below: i . City-pa id holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. ii. In the event that two consecutive City-paid holidays fall on a Friday and Saturday, the two holidays shall be observed on the preceding Thursday and Friday. iii . In the event that two consecutive City-paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. c. Holiday Paid Time Off for Part-Time Employees A permanent part-time employee shall have City paid holidays paid as time off with a prorated amount proportion to their regular hours worked , respectively for the holidays listed above in Article Xll.2 .a . d. Holiday Pay For Work on a City Observed Holiday In the event an employee is assigned to work on the City observed holiday, in addition to being paid for the holiday at the employe e's regular rate of pay, whether it is or is not the employe e's regularly scheduled workday, the employee shall be paid for working the holiday at the regular rate of pay unless FLSA overtime provisions apply, meaning the employee will be paid overtime . e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date) 604 HUNTINGTON BEACH MUNICIPAL TEAMSTERS An employee who works on the actual holiday as listed in Article Xll.2.A. 1-10 , in addition to being paid for the holiday at the employee's regular rate of pay, the employee shall be compensated at the overtime rate. f. An employee who is assigned or required to work on both the City observed holiday date and on the actual date that the holiday falls, shall only be paid for one City holiday (as applicable per section E. or F. above). g . Alternative Work Schedules Refer to the Leave Benefits' Holiday sections in Exhibit e-Q_9/80 Work Schedule and Exhibit F---L 4/10 Work Schedule for employees on alternative work schedules. h. CalPERS Reporting of Holiday Pay Employees who are required to work on a holiday observed by the City, either on the date observed by the City or on the date that the actual holiday falls as a part of their regular work schedule, shall have their holiday pay reported to CalPERS. Classifications eligible for this CalPERS reporting are: -Beac h Equipment Operator, Bea c h Maintenance Cre1Nleader, Beach Maintenance VVorker, Crime Scene Investigator ,Parking and /Camping Crewleader ,Parking and /Camping LeadworkerOperations Lead ,Parking Meter Repair Technician , Parking Meter Repair V\lorkerTechn ician ,Parking / Traffic Control Officer ,Police Records Supervisor ,Police Records Technician ,Police Records Specialists {assigned to the Records Bureau} ,Police Service Specialists {assigned to the Records Bureau} --aR€1--Police Systems Coordinator.,. Pub lic Works Equipment Operator Pub lic Works Maintenance Cre w lead e r Sen ior Pub lic Works Maintenance Worke r i. If an employee is scheduled to work on a holiday and will lose that holiday time due to their General Leave bank having reached the maximum cap of six hundred forty (640) hours, at the employee's request, the employee may cash out the part of their holiday time they will lose. 3. Sick Leave a. Accrual I-IAMT n11 I , 1 !'In, 1 ? ?_'),:;, -nor,unhi:-.r 1.1 ?n?.d.7 '" 605 HUNTINGTON BEACH MUNICIPAL TEAMSTERS No employee shall accrue Sick Leave . b. Credit Employees hired prior to March 30, 2002, shall be credited with their Sick Leave accrued as of March 29, 2002 . c. Usage Employees may use accrued Sick Leave for the same purposes for which it was used prior to March 30, 2002 . d. Payoff at Separation Upon separation , all employees shall be paid , at their current salary rate , for twenty-five percent (25%) of unused , earned Sick Leave from four hundred and eighty (480) hours through seven hundred and twenty (720) hours , and for fifty percent (50%) of all unused, earned Sick Leave in excess of seven hundred and twenty (720) hours. e. Extended Absences Sick Leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. 4. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed tAfee.-five (QJ ) work shifts in each instance of death in their immediate family. Immediate family is defined as a parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or wards of which the employee is the legal guardian , recognizing all birth, marital, and other legal ties (i.e ., step relatives, in-laws , etc.). 5 . Association Business An allowance of eight hundred (800) hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association activities . The parties agree to meet and confer during the term of the Agreement to establish guidelines for use of Association Business time . 6 . Jury Duty Employees who are regularly scheduled to work on swing or graveyard shifts , as defined in Article VII.B .2 ., s hall be placed on a day shift if they are required to appear for jury duty selection for a period of more than one day. HR n1 I . ;,n11 ;, 1 ?0?.:21, -PN •mh P 11 ?O? 7 ?1, 606 HUNTINGTON BEACH MUNICIPAL TEAMSTERS 7. Leave Benefits Entitlement The City shall comply with all state and federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Compensatory Time for serious and non-serious family or personal health issues. For more information on employee leave options, contact the Human Resources DivisionHuman Resources Department. ARTICLE XIII -CITY RULES All MOU provisions that supersede the City's Personnel Rules shall automatically update the City's Personnel Rules and be incorporated into such rules. ARTICLE XIV -MISCELLANEOUS A. Grievance Arbitration Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. The arbitrator shall be selected by the parties from listings of and pursuant to the rules of the American Arbitration Association. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid equally, fifty-fifty (50-50) by the City and the Association. B. Promotional Procedures 1. Tie Scores When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations co nducted by the City, the employee with the greatest length of service with the City shall receive the promotion . 2. Salary Upon Promotion Upon promotion, an employee shall be compensated at the same step in the salary range for their new classification , subject to the following provisions: 607 HUNTINGTON BEACH MUNICIPAL TEAMSTERS a. Except for the provisions of sub-paragraphs b and c below, no employee shall receive greater than ten percent (10%) increase upon promotion . b. If "A" Step of the classification upon promotion is greater than ten percent (10%) increase, the employee shall be compensated at "A " step upon promotion . c. If the employee would be eligible for a step increase within eleven ( 11) months of the date of promotion in their classification before promotion, then the Administrative Services DirectorDirector of Human Resources may authorize an increase greater than ten percent (10%) upon promotion . C. Labor-Management Relations Committee The City and HBMT participate in a Labor-Management Relations Committee as follows: 1. The Association and the City recognize that the participation of employees in the formulation and implementation of personnel policy and practices affects their well- be ing and the efficient administration of the Government. The parties further recognize that the entrance into formal agreement with each other is but one act of joint participation, and that the success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties therefore agree to the structure of Labor-Management Relations Committees (LMRC) for the purpose of exchanging information and the discussion of matters of concern or interest to each of them, in the broad area of working conditions, wages and hours. 2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall not serve as the basis for reopening the meet and confer process to modify this MOU. 3 . The LMRC shall meet monthly. The City shall be represented by the City Manager (or designee), the Administrative Serv ices DirectorDi rector of Human Resou rces (or designee), and Department Heads. Four (4) representatives at these meetings shall represent the Association. 4. The City agrees that any meeting conducted under this Article shall be conducted in facilities furnished by the City, and Association representatives shall be released from their duties at work to attend the LMRC . 5 . The parties shall exchange agenda iterns five (5) workdays before each scheduled LMRC meeting described in this section. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an agenda, the meeting will be held. H MT Mnl I . ", 1;,rv 1 ?0?.21; -PN > nhi>r '.l ?0?47 ?R · 608 HUNTINGTON BEACH MUNICIPAL TEAMSTERS D. Copies of MOU The City agrees to print this Memorandum of Understanding for each employee requesting a copy. E. Position Classification Issues 1. Class Specifications The City shall send the Association a copy of each new job description approved for classifications within the representation unit. 2. Reclassification Impact It is not the intention of the City to demote or layoff an employee through reclassification. Prior to imposing a Y-rating, or layoff resulting from classification reviews, the City agrees to meet and confer with Association representatives. F. Class A and B Driver License Fees The City shall reimburse employees for costs associated with obtaining and renewing Class A and Class B driver licenses where required by the City for the position. G. Deferred Compensation Loan Program Employees may utilize this program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical -needs such as medical costs, college tuition , or purchase of a home. H. Performance Evaluations/ Written Reprimand Appeals Employees may appeal the resu lts of a performance evaluation or written reprimand. Such appeals shall be initiated through the appropriate chain of command (which may include the LMRC) and any decision made by the Department Head shall be considered final. I. HBMT Letter of Introduction A one-page letter of introduction from HBMT, and of HBMT's choosing, regarding the benefits and purpose of joining the HBMT, will be included in all HBMT e ligible new employee orientation packets. HRMT MOI ·'""""rv 1 ,n,.:u; -n p r,pmhPr '.l1 ?0?.47 ?!l 609 HUNTINGTON BEACH MUNICIPAL TEAMSTERS J . Department of Transportation (DOT) Random Alcohol and Controlled Substance Testing During the term of the Agreement, the City and the Association agree to meet and confer to update the policy in accordance with the law. K. Update Employee-Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee-Employer Relations Resolution to reflect current state law. L. Required Fingerprinting of Employees The City requires that all employees who are hired, transferred, or promoted to positions that require fingerprinting by federal, state or local law(s) be fingerprinted according to said law(s). The City may also require employees to be fingerprinted if they are hired, transferred or promoted into positions with oversight responsibilities for senior citizens or oversight responsibilities for confidential, and or sensitive documents or equipment. M. Beach Parking Employees may purchase a City beach parking pass at the senior discount rate. N. Reasonable Suspicion Alcohol and Controlled Substance Testing The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. The policy to implement such testing shall be established by the City and the Association during the term of the Agreement. 0 . Performance Evaluations During the term of the agreement, the parties agree to meet and confer on an updated performance eva luation system . P . Hazardous Duty Assignment Pay and Standby Pay During the term of the agreement, the parties agree to meet and confer on matte rs related to Hazardous Duty Assignment Pay and Standby Pay Q . Layoff, Bumping Rights and Re -Employment H T OU Januarv 1. 02 5 -Dec ern er 31. 20247 30 610 HUNTINGTON BEACH MUNICIPAL TEAMSTERS T he parties agree to meet and confer o n matters re lated to Layoff, B um p in g Righ ts and Re -Emp loyme nt w ithin 90 days of City Co u ncil adoption of t hi s MOU, a n d to fina lize a Side Letter of Ag reement w ith in 120 d ays of City Council adoptio n. ARTICLE X V DURING THE TERM OF THE AGREEMENT A. Class ifi cation and Compensation Study During the term of the agreement, the parties agree to meet and confe r regardi ng parameters and procedures of the cit)'\vide class ificat ion and compensation study that commenced in Apri l 2021 . B. Performance Evaluations During the term of the agreement, the parties agree to meet and confer on an updated performance evaluation syst em , including Performance Bonus implementation . HRMT OU .lllllllll 1. 202~5 -ecember 3 . 0 47 611 HUNTINGTON BEACH MUNICIPAL TEAMSTERS ARTICLE XVt -CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer-Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this ____ day of _________ , 202§.2'. CITY OF HUNTINGTON BEACH By: Sean JoyceTravis Hopki ns------ WhitecottonG retchen Erickson Interi m City Manager Steward By: Marissa Sur Travis Hopkins heivaCarlos Rubio By: By: HUNTINGTON BEACH MUNICIPAL TEAMSTERS ----- _____ HBMT Chief Christian Sarah Director of Human ResourcesAssistant City Manager House CounselP resident Teamsters Local 911 Brittany Mello Adm inistrative Services Di rector HBMT MOU January 1, 2022.§ -December 31, 2024Z 32 By: APPROVED AS TO FORM Michael E. GatesM ike Vigl iotta City Attorney 612 HUNTINGTON BEACH MUNICIPAL TEAMSTERS HBMT LIST OF MOU EXHIBITS EXHIBITS SUBJECT A Class/Salary Schedule B Uniform Policy B-1 Uniform Listing by Category/Class C Vehicle Use Policy D 9/80 Work Schedule Provis ions of the Retiree IIA~,.J ·--1 C' ,1.._•..1. DI~~ ---, ,_ E 4/10 9mQ Work Schedule F Provisions of the Retiree Medical Subsidt Plan41~ G V'\/mk Seheel:lle G Agency Shop Agreement H Catastrophic Leave Donation Program I Teamsters Miscellaneous Security Trust HB T OU .JaTi°u rv 1. 202-25 -Der.emher 31. 20247 33 613 Jeh Ne G±±-1-~ m.&-7 W-94 ~ W-78 02-89 m-9-7 Ge98 O±G8 me7 ~ 0149 ~ m-1G ~ m-08 9-±+e ~ Wee Q±R 0106 ~ 0±-&e ~ 0-§.Y HUNTINGTON BEACH MUN ICIPAL TEAMSTERS EXHIBIT A -PAY SCHEDULE Effectiv e January 1, 2025 Jab QesGFiptiaA Pay A B (; Q RaRge A€€91:!RtaRt ±8G ~ ~ ~ ~ A€€91:!RtiRg ::fe€RRiEiaR I -144 ~ ~ ~ ~ A€€91:!RtiRg ::fe€RRi€iaR II ~ ~ ~ ~ ~ AEEe1:1RtiRg ::feEl=IRiEiaR S1:113,., ±e8 ~ JG..9-8 ~ J4..de AaffliRiStFati>v<e Aiae ±78 ~ ~ ~ ~ AaffliRistFative AssistaRt ±ea ~ ~ ~ JJ..49 AaffliRiStFati>v<e SeEFetaFy -1-§G ~ ~ ~ ~ AFt PFegFaffls G1:1FateF ~ ~ ~ ~ ~ AssistaRt Gi>v<il ERgiReeF ±8G ~ ~ ~ ~ AssistaRt PlaRReF ~ ~ ~ P-:++ ~ AssistaRt Se€ial l,t\~Fl~F -±46 ~ ~ ~ ~ Bea€R EE.j1:!iJ3 G13eFateF -1-W ~ ~ ~ ~ BeaEl=I MaiRt GFewleaaeF -1,% J4...9§ ~ ~ 40-:4e BeaEl=I MaiRt SeFViEe WeFkeF -1.§.1 ~ ~ PA+ ~ B1:1ilaiRg IRSJ3e€t9F I ~ ~ ~ J4.&8 ~ B1:1ilaiRg IRSJ3e€t9F II -1,% J4...9§ ~ ~ 40-:4e B1:1ilaiRg IRs13eeteF Ill -1-% -3-8.-W ~ 4b§e 44-:W B1:1ilaiRg PlaR Gl=leEl~eF I -194 ~ ~ 4-b-14 ~ B1:1ilaiRg PlaR GReEl~eF II ~ 44.¼7 4-e.W ~ ~ B1:1siRess biEeRse S1:113eF¥iS9F -1&4 J4.-eG ~ ~ ~ &iyef -±-79 ~ ~ ~ J&d.± Gi•,<il ERgiReeFiRg AssistaRt ±% ~ 4-0.-94 42-:-99 4-§..,U Gi•1i liaR Gl=leEk IR>v<estigateF ~ ~ P.W ~ ~ Geae ERfeF€eff!eRt GffiEeF I ~ ~ P.W ~ ~ Geae ERfeF€eff!eRt GffiEeF II ±7-+ ~ ~ ~ ~ Geae ERfeF€eff!eRt ::fe€RRiEiaR .gg ~ ~ ,MM ~ HBMT MOU Ja nuary 1, 202.52 -December 31, 20242 31 € p G 4Q.,.Q 4b44 44de ~ ~ M.-14 J0.89 ~ ~ ~ ~ ~ ~ 4-±-,W 4J.e8 ~ ~ ~ l-9.99 M.49 ~ ~ ~ ~ 4Q.,.Q 4b44 44de 4he4 ~ 4§..:.9.1 ~ ~ ¼h-7+ ~ ~ ~ 4-b-48 44:W ~ ~ M.8Q ~ ~ 40.J& 4b4Q 4-b-48 44:W ~ ~ 49-±7 ~ %,4e 48-:-78 ~ ~ ~ WAe 4-bGe 44-de 4&-3+ 4-0-,W. 4-bW 44.-R ~ 49-:-7-e ~ ~ ~ ~ ~ ~ ~ ~ 4±.-±9 ~ ~ ~ ~ 614 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A -PAY SCHEDULE Effective January 1, 2025 I " I Classification Title Range 1 A B C i D Accountant 184 $34.60 $36.33 $38.15 $40.06 Accounting Technician 156 $26.19 $27.50 $28.87 $30.32 Accountina Technician Sucervisor 181 $33.58 $35.26 $37.03 $38.88 Administrative Assistant 153 $25.42 $26.69 $28.02 $29.42 Art Proarams Curator 170 $30.10 $31.61 $33.19 $34.85 Assistant Civil Enaineer 204 $42.22 $44.33 $46.55 $48.87 Assi slant Enaineer 192 $37.47 $39.34 $41.31 $43.37 Assist ant Planner 186 $35.30 $37.06 $38.91 $40.86 Buildina lnsoector 182 $33.92 $35.62 $37.40 $39.27 Business License Suoervisor 187 $35.65 $37.43 $39.30 $41.27 Buver 182 $33.92 $35.62 $37.40 $39.27 Civilian lnvestiaator 172 $30.71 $32.24 $33.85 $35.55 Code Enforcement Officer 161 $27.52 $28.90 $30.34 $31.86 Code Enforcement Technician 143 $23.01 $24.16 $25.37 $26.64 Combination lnscector 189 $36.37 $38.18 $40.09 $42.10 Communitv & Librarv Services Coordinator 154 $25.67 $26.96 $28.30 $29.72 Communitv & Librarv Services Sucervisor 187 $35.65 $37.43 $39.30 $41.27 Communitv Relations Sneciallst 164 $28.36 $29.78 $31 .26 $32.83 Communltv Services Officer 167 $29.22 $30.68 $32.21 $33.82 Construction lnscector 178 $32.60 $34.23 $35.94 $37.73 Crime Analvst 183 $34.26 $35.97 $37.77 $39.66 Crime Scene lnvestiaator 175 $31 .64 $33.22 $34.88 $36.62 Deputy City Clerk 167 $29.22 $30.68 $32.21 $33.82 Electrician 179 $32.92 $34.57 $36.30 $38.11 Emeraencv Medical Services Coordnator 222 $50.50 $53.03 $55.68 $58.46 Emer!lencv Mana!lement Administrator 214 $46.64 $48.97 $51.42 $53.99 Enaineerina Aide 167 $29.22 $30.68 $32.21 $33.82 Enaineerina Technician 185 $34.95 $36.69 $38.53 $40.46 Environmental Soeclalist 209 $44.37 $46.59 $48.92 $51.37 Eauioment Parts lnventorv Suolllv Clerk 157 $26.45 $27.77 $29.16 $30.62 Executive Assistant to Citv Mana!ler 183 $34.26 $35.97 $37.77 $39.66 Facilities Maintenance Caordnator 156 $26.19 $27.50 $28.87 $30.32 Facilities Maintenance Techni cian 158 $26.71 $28.05 $29.45 $30.92 Facilities Securitv Coordnator 155 $25.93 $27.22 $28.59 $30.02 Field Service Representative 161 $27.52 $28.90 $30.34 $31 .86 Fire Prevention lnscector 183 $34.26 $35.97 $37.77 $39.66 Fire Trainina Maintenance Technician 175 $31.64 $33.22 $34.88 $36.62 Fleet Maintenance Crew Leader 191 $37.10 $38.95 $40.90 $42.94 Forensic Svstems Snecialist 196 $38.99 $40.94 $42.99 $45.14 Geoorachic Information SVstems Analvst 199 $40.17 $42.18 $44.29 $46.50 Graohic Desicner 164 $28.36 $29.78 $31 .26 $32.83 Hazardous Materials Proaram Snecialist 195 $38.60 $40.53 $42.56 $44.69 Helicooter Maintenance Technician 180 $33.25 $34.91 $36.66 $38.49 Human Resources Technician 157 $26.45 $27.77 $29.16 $30.62 Information Technolrv.v Proiect Coordinator 206 $43.07 $45.22 $47.48 $49.86 Information Technolrv.v Analvst 204 $42.22 $44.33 $46.55 $48.87 Information Technoloav Technician 158 $26.71 $28.05 $29.45 $30.92 lrriaation Snecialist 159 $26.98 $28.33 $29.75 $31 .23 Landscaoe Maintenance lnscector 175 $31.64 $33.22 $34.88 $36.62 Latent Print Exami ner 187 $35.65 $37.43 $39.30 $41 .27 Lead Construction lnsoector 208 $43.93 $46.13 $48.44 $50.86 Lead Facilities Maintenance Worker 182 $33.92 $35.62 $37.40 $39.27 Lead Fleet Maintenance Mechanic 182 $33.92 $35.62 $37.40 $39.27 Lead Information Technolav Technician 189 $36.37 $38.18 $40.09 $42.10 Lead Public Works Maintenance Worker 175 $31 .64 $33.22 $34.88 $36.62 Lead Wastewater Worker 179 $32.92 $34.57 $36.30 $38.11 Lead Water Utilitv Worker 181 $33.58 $35.26 $37.03 $38.88 Leaal Assistant 164 $28.36 $29.78 $31.26 $32.83 Librarian I 172 $30.71 $32.24 $33.85 $35.55 Librarian II 180 $33.25 $34.91 $36.66 $38.49 Librarv Services Assistant 136 $21.46 $22.54 $23.66 $24.84 Librarv Sneclali st 154 $25.67 $26.96 $28.30 $29.72 Literacv Proaram Scecialist 172 $30.71 $32.24 $33.85 $35.55 Manaaernent Aide 181 $33.58 $35.26 $37.03 $38.88 Mechanic 168 $29.51 $30.98 $32.63 $34.16 Office Assistant I 122 $18.67 $19.60 $20.58 $21.61 Office Assistant II 138 $21 .89 $22.99 $24.14 $25.34 Parklna Meter Technician 160 $27.25 $28.61 $30.04 $31.55 Parkin a & Cam Dina Ooerations Lead 170 $30.10 $31.61 $33.19 $34.85 Parkin a & Camoin!I Assistant 141 $22.56 $23.68 $24.87 $26.11 Parkin!! & Cam Dina Crewleader 188 $36.01 $37.81 $39.70 $41.68 Parkina/Traffic Control Officer 141 $22.56 $23.68 $24.87 $26.11 Parkina/Traffic Control Sucervisor 171 $30.40 $31 .92 $33.62 $35.20 H T OU Jam, rv 1. 0 ~5 -December 3 . 20247 32 E F G H I $42.06 $44.16 $46.37 $48.69 $31.83 $33.42 $35.09 $36.85 $40.82 $42.86 $45.01 $47.26 $30.90 $32.44 $34.06 $35.76 $36.59 $38.42 $40.34 $42.36 $51.32 $53.88 $56.58 $59.41 $45.54 $47.82 $50.21 $52.72 $42.90 $45.05 $47.30 $49.67 $41 .23 $43.29 $45.46 $47.73 $43.33 $45.50 $47.77 $50.16 $41.23 $43.29 $45.46 $47.73 $37.32 $39.19 $41.15 $43.21 $33.45 $35.13 $36.88 $38.73 $27.97 $29.37 $30.84 $32.38 $44.20 $46.41 $48.73 $51.17 $31 .20 $32.76 $34.40 $36.12 $43.33 $45.50 $47.77 $50.16 $34.47 $36.19 $38.00 $39.90 $35.51 $37.29 $39.15 $41 .11 $39.62 $41 .60 $43.68 $45.87 $41.64 $43.72 $45.91 $48.21 $38.46 $40.38 $42.40 $44.52 $35.51 $37.29 $39.15 $41.11 $40.02 $42.02 $44.12 $46.32 $61.38 $64.45 $67.68 $71 .06 $56.69 $59.52 $62.50 $65.62 $35.51 $37.29 $39.15 $41 .11 $42.48 $44.60 $46.83 $49.17 $53.94 $56.63 $59.46 $62.44 $32.16 $33.76 $35.44 $37.22 $41.64 $43.72 $45.91 $48.21 $31.83 $33.42 $35.09 $36.85 $32.47 $34.09 $35.80 $37.59 $31.52 $33.09 $34.75 $36.48 $33.45 $35.13 $36.88 $38.73 $41.64 $43.72 $45.91 $48.21 $38.46 $40.38 $42.40 $44.52 $45.09 $47.35 $49.71 $52.20 $47.39 $49.76 $52.25 $54.86 $48.83 $51.27 $53.83 $56.5 2 $34.47 $36.19 $38.00 $39.90 $46.92 $49.27 $51.73 $54.32 $40.42 $42.44 $44.56 $46.79 $32.15 $33.76 $35.44 $37.22 $52.35 $54.97 $57.72 $60.60 $51.32 $53.88 $56.58 $59.41 $32.47 $34.09 $35.80 $37.59 $32.80 $34.44 $36.16 $37.96 $38.46 $40.38 $42.40 $44.52 $43.33 $45.50 $47.77 $50.16 $53.40 $56.07 $68.88 $61 .82 $41 .23 $43.29 $45.46 $47.73 $41 .23 $43.29 $45.46 $47.73 $44.20 $46.41 $48.73 $51.17 $38.46 $40.38 $42.40 $44.52 $40.02 $42.02 $44.12 $46.32 $40.82 $42.86 $45.01 $47.26 $34.47 $36.19 ·$38.00 $39.90 $37.32 $39.19 $41 .15 $43.21 $40.42 $42.44 $44.56 $46.79 $26.09 $27.39 $28.76 $30.20 $31 .20 $32.76 $34.40 $36.12 $37.32 $39.19 $41.15 $43.21 $40.82 $42.86 $45.01 $47.26 $35.87 $37.66 $39.54 $41 .52 $22,69 $23.83 $25.02 $26.27 $26 .61 $27.94 $29.34 $30.81 $33.12 $34.78 $36.52 $38.34 $36.69 $38.42 $40.34 $42.36 $27.42 $28.79 $30.23 $31.74 $43.77 $45.95 $48.25 $50.66 $2 7.42 $28.79 $30.23 $31 .74 $36.95 $38.80 $40.74 $42.78 615 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A-PAY SCHEDULE Effect ive January 1, 2025 ClasslflcaUon Title Range I A B C D Pavroll ~eclalist 175 $31.64 $33.22 $34.88 $36,62 Permit Technician 154 $25.67 $26.96 $28.30 $29.72 Pest Control ~ecialist 159 $26.98 $28.33 $29.75 $31.23 Plannina Aide 164 $28.36 $29.78 $31.26 $32.83 Plans Examiner 197 $39.38 $41.35 $43.42 $45.59 Police Records Soeclalist 134 $21.04 $22.09 $23.20 $24.36 Police Records Suoervlsor 171 $30.40 $31.92 $33.52 $35.20 Police Services ~eclallst 154 $25.67 $26.96 $28.30 $29.72 Police Svstems Coorcinator 169 $29.80 $31.29 $32.86 $34.50 Principal Code Enrorcement Officer 192 $37.47 $39.34 $41.31 $43.37 Prooertv and Evidence Officer 165 $28.64 $30.07 $31.58 $33.16 Propertv and Evidence Suoervisor 185 $34.95 $36.69 $38.53 $40.46 Public Works Eauipment Ooerator 164 $28.36 $29.78 $31.26 $32.83 Public Works Maintenance Crew Leader 191 $37.10 $38.95 $40.90 $42.94 Public Works Maintenance Worker 146 $23.71 $24.89 $26.14 $27.44 Real Time Crime Center Suoervisor 202 $41.39 $43.46 $45.63 $47.91 Records Soecialist 179 $32.92 $34.57 $36.30 $38.11 Risk Manaaement Specialist 157 $26.45 $27.77 $29.16 $30.62 Suoervisorv Control & Data A.cauisition lSCADA\ Coordinator 202 $41.39 $43.46 $45.63 $47.91 Supervisorv Control & Data A.cauisition (SCADAl Technici an 188 $36.01 $37.81 $39.70 $41.68 Senior Accountant 198 $39.77 $41 .76 $43.85 $46.04 Senior Accountina Technician 168 $29.51 $30.98 $32.53 $34.16 Senior Administrative Assistant 169 $29.80 $31 .29 $32.86 $34.50 Senior Buver 195 $38.60 $40.53 $42.56 $44.69 Senior Code Enforcement Officer 182 $33.92 $35.62 $37.40 $39.27 Senior Combination Inspector 198 $39.77 $41.76 $43.85 $46.04 Senior Construction lnsoector 198 $39.77 $41.76 $43.85 $46.04 Senior Crime Analvst 199 $40.17 $42.18 $44.29 $46.50 Senior Deouty City Cf erk 192 $37.47 $39.34 $41 .31 $43.37 Senior Enalneerina Technician 200 $40.57 $42.60 $44.73 $46.97 Senior Facilities Main! Technician 174 $31 .32 $32.89 $34.53 $36.26 Senior Fire Prevention lnsoector 201 $40.98 $43.03 $45.18 $47.44 Senior Geoaraohic Information Svstems Analvst 208 $43.93 $46.13 $48.44 $50.86 Senior Heiicooter Maintenance Technician 206 $43.07 $45.22 $47.48 $49.86 Senior Human Resources Technician 173 $31.01 $32.56 $34.19 $35.90 Senior lnrormation Technolav Analvst 220 $49.51 $51.98 $54.58 $57.31 Senior Information Technolav Technician 175 $31 .64 $33.22 $34.88 $36.62 Senior Leaal Assistant 190 $36.73 $38.57 $40.49 $42.52 Senior Library Specialist 163 $28.08 $29.48 $30.95 $32.50 Senior Mechanic 174 $31 .32 $32.89 $34.53 $36.26 Senior Pavroll Soecialist 198 $39.77 $41.76 $43.85 $46.04 Senior Permit Technician 174 $31.32 $32.89 $34.53 $36.26 Senior Plans Examiner 213 $46.18 $48.48 $50.9 1 $53.45 Senior Police Records Specialist 145 $23.47 $24.65 $25.88 $27.17 Senior Public Works Maintenance Worker 1 56 $26.19 $27.50 $28.87 $30.32 Senior Services Transoortatlon Coorcinator 170 $30.10 $31.61 $33.19 $34.85 Senior Survev Technician 172 $30.71 $32.24 $33.85 $35.55 Senior Utilitv Field Reoresentative 159 $26.98 $28.33 $29.75 $31 .23 Senior Water Utilitv Worker 174 $31 .32 $32.89 $34.53 $36.26 Senior Wastewater Pump Technician 172 $30.71 $32.24 $33.85 $35.55 Social Services Assistant 118 $17.94 $18.84 $19.78 $20.77 Social Services Supervisor 186 $35.30 $37.06 $38.91 $40.86 Social Worker 170 $30.10 $31 .61 $33.19 $34.85 Survev Technician 164 $28.36 $29.78 $31 .26 $32.83 Traffic Enaineerina Technician 191 $37.10 $38.95 $40.90 $42.94 Traffic Slanals Electrician 188 $36.01 $37.81 $39.70 $41 .68 Traffic Sianals Crew Leader 198 $39.77 $41.76 $43.85 $46.04 Utilities Technol=v Suoervisor 212 $45.72 $48.00 $50.40 $52.92 Utilitv Eouioment Ooerator 169 $29.80 $31.29 $32.86 $34.50 Utilitv Field Representative 151 $24.92 $26.16 $27.47 $28.84 Utilitv Locator 177 $32.27 $33.89 $35.58 $37.36 Utilitv Maintenance Worker 146 $23.71 $24.89 $26.14 $27.44 Volunteer Services Coordnator 163 $28.08 $29.48 $30.95 $32.50 Warehouse Clerk 141 $22.56 $23.68 $24.87 $26.11 Warehouse Coordinator 165 $28.64 $30.07 $31 .58 $33.16 Wastewater Crew Leader 189 $36.37 $38.18 $40.09 $42.10 Wastewater Puma Technician 164 $28.36 $29.78 $31.26 $32.83 Water Conservation Coordnator 191 $37.10 $38.95 $40.90 $42.94 Water Meter Reoair Techni cian 162 $27.80 $29.1 9 $30.65 $32.18 Water Qualitv Coordinator 194 $38.22 $40.13 $42.14 $44.25 Water Qualitv Soeclalist 183 $34.26 $35.97 $37.77 $39.66 Water Utilitv Crew Leader 191 $37.10 $38.95 $40.90 $42.94 Water Utilitv Worker 166 $28.93 $30.37 $31 .89 $33.49 HBMT MOU January 1, 20225 -December 31, 20247 32 E I F G H I $38.46 $40.38 $42.40 $44.52 $31 .20 $32.76 $34.40 $36.12 $32.80 $34.44 $36.16 $37.96 $34.47 $36.19 $38.00 $39.90 $47.87 $50.26 $52.77 $55.41 $25.57 $26.85 $28.19 $29.60 $36.95 $38.80 $40.74 $42.78 $31.20 $32.76 $34.40 $36.12 $36.23 $38 .04 $39.94 $41.94 $45.54 $47.82 $50.21 $52.72 $34.81 $36.55 $38.38 $40.30 $42.48 $44.60 $46.83 $49.17 $34.47 $36.19 $38.00 $39.90 $45.09 $47.35 $49.71 $52.20 $28.82 $30.26 $31 .77 $33.36 $50.31 $52.82 $55.46 $58.24 $40.02 $42.02 $44.12 $46.32 $32.15 $33.76 $35.44 $37.22 $50.31 $52.82 $55.46 $58.24 $43.77 $45.95 $48.25 $50.66 $48.34 $50.76 $53.30 $55.96 $35.87 $37.66 $39.54 ·$41.52 $36.23 $38.04 $39.94 $41.94 $46.92 $49.27 $51 .73 $54.32 $41.23 $43.29 $45.46 $47.73 $48.34 $50.76 $53.30 $55.96 $48.34 $50.76 $53.30 $55.96 $48.83 $51 .27 $53.83 $56.52 $45.54 $47.82 $50.21 $52.72 $49.32 $51 .78 $54.37 $57.09 $38.07 $39.98 $41.98 $44.08 $49.81 $52.30 $54.91 $57.66 $53.40 $56.07 $58.88 $61.82 $52.35 $54.97 $57.72 $60.60 $37.70 $39.58 $41.56 $43.64 $60.18 $63.18 $66.34 $69.66 $38.46 $40.38 $42.40 $44.52 $44.65 $46.88 $49.22 $51.68 $34.13 $35.83 $37.63 $39.51 $38.07 $39.98 $41.98 $44.08 $48.34 $50.76 $53.30 $55.96 $38.07 $39.98 $41.98 $44.08 $56.13 $58.93 $61.88 $64.97 $28.53 $29.96 $31.46 $33.03 $31.83 $33.42 $35.09 $36.85 $36.59 $38.4 2 $40.34 $42.36 $37.32 $39.19 $41.15 $43.21 $32.80 $34.44 $36.16 $37.96 $38.07 $39.98 $41.98 $44.08 $37.32 $39.19 $41 .15 $43.21 $21 .81 $22.90 $24.04 $25.25 $42.90 $45.05 $47.30 $49.67 $36.59 $38.42 $40.34 $42.36 $34.47 $36.19 $38.00 $39.90 $45.09 $47.35 $49.71 $52.20 $43.77 $45.95 $48.25 $50.66 $48.34 $50.76 $53.30 $55.96 $55.57 $58.35 $61 .27 $64.33 $36.23 $38.04 $39.94 $41.94 $30.29 $31.80 $33.39 $35.06 $39.23 $41.19 $43.25 $45.41 $28.82 $30.26 $31 .77 $33.36 $34.13 $35.83 $37.63 $39.51 $27.42 $28.79 $30.23 $31 .74 $34.81 $36.65 $38.38 $40.30 $44.20 $46.41 $48.73 $61 .17 $34.47 $36.19 $38.00 $39.90 $45.09 $47.35 $49.71 $62.20 $33.79 $35.48 $37.26 $39.1 2 $46.46 $48.78 $51.22 $53.78 $41.64 $43.72 $46.91 $48.21 $46.09 $47.35 $49.71 $52.20 $35.16 $36.92 $38.77 $40.70 616 :k)b Ne ~ ~ ~ ~ ~ 04@ W-R 0±6e ~ ~ 01-±9 G±-92: G400 ~ GH8 ~ ~ 01-98 ~ 0±8G ~ ~ 0±42, ~ WgJ H U NTI NGTON BEACH MUNICIPAL TEAMSTERS EXH IB IT A -PAY SCHEDULE Effect ive Janu ary 1 , 2025 Jeb QesG~iptieR Pay A B (; g RaAge GemAH:rnit~• Relat:ieAs S13eeialist -1-6± ~ ~ ~ ~ GemRH,IAity SeF¥iees GffieeF -le4 ~ ~ ~ ~ Gemm1:mity SF¥ES Ree S13eeialist -1-3-± ~ ~ ~ ~ Gemm1:mity SF¥ES Ree S1::113,., -1-&4 ~ ~ ~ ~ GeAstFl::IEt:ieA IAs13eeteF I ~ J-be4 ~ ~ ~ GeAstFl::IEt:ieA IAs13eeteF II ~ 34-,% ~ ~ 40.46 Ge1::1Ft biaiseR S13eeialist -1-§G ~ ~ ~ ~ GFime AAal •,•st -1-78 ~ ~ ~ ~ GFime AAal•,•st SeAieF ±94 ~ 4G.-l-3 46-14 ~ GFime SeeAe IA¥est:igateF -1--n ~ ~ ~ ~ GFimiAalist -1-&4 ~ ~ ~ ~ GFess GeRReet:ieR GeAtFel S13ee ±++ ~ ~ ~ ~ G1::1stesiaA -l4G ~ ~ ~ ~ 9e131::1t•t Gity GleFI~ ~ ~ ~ ~ ~ 9e¥el e13FAeRt S13eeiali st -1-&4 ~ ~ ~ ~ f:leEtFiEi aR ±+a J..h.% ~ ~ J.e.99 ERleFgeAEY MeEliEal SF¥€5 b99F8 ~ ~ ~ M:G4 ~ effieFgeAE~• SeFViEes GeeFs i RateF ~ ~ ~ 4&.M 4&-,87 ERgi AeeFi Ag Aise -1-6± ~ ~ ~ ~ ERgi AeeFi Ag TeERAiEiaA ~ ~ ~ -3+.4G ~ ER¥i F9ARleRtal S13eEial i st ±99 ~ 4-0.-94 4-b-99 4§....g e€f1::1i 13 SeF¥iEes GFewleaseF -18& ~ ~ ~ 4be8 EEfl::li13/A1::1te Ma i At GFewleaEleF -18& ~ ~ ~ 4be8 eEf1::1i13/A1::1te MaiAt beaaweFkeF -1-79 ~ ~ ~ ~ EEfl::li '3RleAt Sl::1'3'39Ft Ass istaAt ~ ~ ~ -2-8-.W ~ HBMT MOU January 1, 202~.§ -Decem ber 31, 2024I 32 e J: G ~ ~ ~ M-,47-~ J.8..-00 ~ M-,&g ~ ~ 44-de ~ ~ ~ 4b4G ~ 44.W 4&8J ~ M.49 ~ ~ 4-hW 43.-e& 4&.4e 48.-78 ~ ~ -3-fh.l.9 ~ ~ 44-de ~ ~ 4h±9 ~ ~ ~ ~ ~ ~ ¾de ~ 44-de ~ ~ 40,-78 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4bU ~ ~ ~ 49-.-7-e ~ ~ 4§..% ~ ~ 4§..% ~ 4-Q.,fil. ~ ~ ~ ~ J4.,4Q 617 I 00<.I I •"''""''• AssislaAI HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A -PAY SCHEDULE Effective January 1, 2025 HBMT MOU January 1 , 2022.§-December 31, 20241 32 618 lab Ne ~ G4G-7 W-9-± W-98 ~ GeR ~ G47G G§-7-6 0±-78 019G WJ-7 01-l-+ ~ ~ Q±±-8 GeM Q4% Q494 Q49l 049± ~ 00M W-9 WW 0±4--9 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBI T A -PAY SCHEDULE Effective January 1, 2025 Jeh Qe5EFip~9FI Pay A 8 (; g RaAge Faeilit=ies MaiAt GFewleaEleF -1&& ~ ~ J.9.7Q 4he8 Faeilit=ies MaiAt beaEli.•.•eFl~eF .ig ~ ~ JO,.% ~ Faeilit=ies MaiAteAaAEe +eER ~ ~ ~ ~ ~ FielEI ~eF,.•iee Re13FeseAtat=ii.te -¼& ~ ~ ~ ~ Fife PFeveAt=ieA I As13eetef I -1-&Q ~ J4.-9± ~ ~ Fife PFeveAt=ieA I As13eeteF II -1-98 ~ 4h76 ~ 4&.-04 Fi Fe +"faiAiAg MaiAteAaAEe +eER .in ~ ~ ~ ~ FefeAsie ~>,•steFAs ~13eeialist -19G ~ ~ 40:49 ~ GI~ AAal•tst I -1-fg ¼f-.&4 ~ ~ ~ GI~ ,l'l,Aal•,st II ~ 4-0.98 4J.:W 4§.d.g 47M l,la;i; Mat PrngFaFA ~13eeia l ist ±9l ~ ~ 4-1--,M ~ i,1eliee13teF MaiAteAaAEe +eER -1-7G ~ -3-hfil ~ ~ IAfe +eERAeleg•, AAal>,•st Ill ~ ~ ~ 47-,.% W-.-3-e IAfe +eERAeleg•, AAalyst I -1-fg ¼f-.&4 ~ ~ ~ IAfe +eERAelegy AAalyst II ~ 4-0.98 4J.:W 4§.d.g 47M IAfe +eERAelegy AAal•;st IV ~ 48-.G§ §0,4.§ ~ ~ IAfe +eERAeleg•, PFejeEt GeeFEI .iw 4b8Q 43,-89 4e-,Q9 ~ IAfe +eERAeleg•,· +eERAiEiaA I ~ U-:-47 ~ ~ Nd+ IAfe +eERAelegy +eERAiEiaA II -1-9 ~ :p...;/+ ~ ~ IAfe +eERAelegy +eERAiEiaA IV ±-78 ~ ~ ~ ~ IAfe +eERAelegy +eERAiEiaA ~F. ±8§ M-:-% J.e.@ ~ 40-,4.a IAfe +eERAelegy +eERAiEiaA Ill ~ ~ ~ ~ #de IFFigat=ieA GfewleaEleF ±8§ M-:-% J.e.@ ~ 40-,4.a IFFigat=ieA ~13eeialist ~ ~ ~ ~ ~ baAEISEa13e f:Ej~i13 G13eFateF -1-W ~ ~ ~ ~ baAElsea13e MaiAt Gfewl eaEleF ±8§ M-:-% J.e.@ ~ 40-,4.a HBMT MOU January 1, 2022 -December 31, 2024 33 € ~ G 4J.,.7..7 ~ ~ ~ ~ ~ ~ ~ -34-A ~ J4.09 -3-§..,gg ~ 4b44 44:-Se ~ ~ ~ ~ J9-:-19 4±.-±§ 44.-e4 4e.&8 ~ 4-&GG ~ -W.7-± 49-:-8± ~ M.9± ~ ~ W.M ~ ~ 4G-:J4 ~ ~ ~ 4&.00 ~ -W.7-± 49-:-8± ~ M.9± ~ ~ e4.J.9 W,-81. ~ ~ ~ ~ ~ ~ ~ ~ ~ 4-l.W ~ ~ 44.-W ~ ~ J+..ee ~ ~ 44.-W ~ ~ ~ ~ ~ M.4-J ~ ~ 44.-W ~ 619 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A-PAY SCHEDULE Effective January 1,--2.Q.25 I ~ I Landscape Maint Leadwor l~er ~ ~ ~ ~ ~ ~ 3-9-dS HBMT MOU January 1, 2021§ -December 31, 2024I 32 620 Jell Ne 01@ woo Q±-±4 ~ G4S± ~ WOJ ~ W94 G448 W&4 W48 W47 W&G WGe W-04 02-00 W-7-8 01-£ G±-7-7 W% ~ G4.§9 040± ~ ~ HUNTINGTON B E ACH MUNICIPAL TEAMSTE RS E XH IBIT A -PAY SCHEDULE Effecti ve January 1, 2025 Jeh QeseFiptieA Pay A B (; Q RaAge bateRt Fi RgeF13FiRt i:::*aA'liReF ±79 ~ ~ ~ ~ begal Ass istaR t -l-fil ~ ~ ~ M-:-8e bieFaFi aR ±e9 ~ ~ ~ J4...W bieFaPy< Faeilities faaFEliRataF -1-.§9 ~ ~ ~ ~ bieFaFy Se Fv iees (;leFk ~ ~ ~ ~ Md! bieFaFy S13eeial ist -1-§-1 ~ ~ ~ ~ biteFaey PFagFaA'l S13eeial ist ±e9 ~ ~ ~ J4...W MaiRt Sep.,iee WaFIEeF -1-§-1 ~ ~ ~ ~ MaiRteRaRee WaFIEeF us l-±.89 ~ M-:-±4 ~ MaF iRe i:::~llil3A'leRt Meel=laRiE ±-78 ~ ~ ~ µ..;J..J Meel=laRiE I -1-§4 ~ ~ ~ ~ Meel=laRiE II ~ ~ JM+ ~ ~ Meel=laRiE Ill -1-7± ~ ~ ~ ~ Mesia SeP1iees S13eeia list -1-§-1 ~ ~ ~ ~ Gff:iee AssistaRt I -1-l+ -1-7-.7-e ±8-£ -1-9-,W ~ Gffiee AssistaR t II ~ ~ ~ ~ M-,W Gffiee S13eeia list -14± ~ ~ l4.&+ 2-6.-±± Pa iRteF beaElwaFIEeF ~ ~ ~ ~ ~ PaFk Ma i RteRaRee fFewleaEleF -1-88 ~ -P.8-1 J.9.,.7Q 4be& PaFkiRg MeteF Re13ai F feEA ~ ~ JM+ ~ ~ PaFkiRg MeteF Re13aiF l,i\laFIEeF -1-.§.7. ~ ~ -2-9-de ~ PaFIEiRgf(;aA:i13 iRg AssistaRt us l-±.89 ~ M-:-±4 ~ PaFIEiRgf<;aA:i13iRg (;fewleaEleF ~ J4..% ~ ~ 40.4a PaFkiRgf<;aA:i13 iRg beaElwaFIEeF -le+ ~ ~ ~ ~ PaFIEiRgf+FaffiE b0RtFal b99F8 -l-fil ~ ~ ~ M-:-8e PaFIEiRgflFa#ie b0RtF9 1 Gff:ieeF us l-±.89 ~ M-:-±4 ~ HBMT MOU Ja nuary 1, 2022 -December 3 1, 2024 34 € J: G 4-0.00 ~ ~ ~ ~ ~ ~ ~ J.9...94 ~ ~ J.&de ~ ~ ~ ~ J±:-80 ~ ~ ~ J.9...94 ~ J±:-80 ~ ~ ~ ~ ~ 4bW 43-:-e& ~ ~ MAO J4.-&± ~ ~ ~ ~ 4-0,-74 ~ J±:-80 ~ ll;§.9 ~ ~ ~ ~ ~ ~ ~ ~ J&..84 4-Q-:-7& ~ #:-7-7-4-§...% ~ J4.-&± ~ ~ ~ ~ ¼.,44 ~ ~ ~ 4-b-48 44-,W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 621 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A -PAY SCHEDULE Effective January 1, 2025 I m;;z+ I Parl,iag/+Faffie Ceat,el Sap• ~ JM8 ~ ~ ~ ~ ~ HB MT MOU J anuary 1, 20 22.§-December 31 , 20241 32 622 :lee Ne ~ G447 00% W-7-9 We+ ~ W42 0±9-7 WQ-7 ~ ~ WO& ~ 0584 W-W Wfil ~ ~ ~ W4e 01--W OJ88 Qgg ~ 0±-7-± ~ HUNTI NGTON B EACH MUNICIPAL TEAMSTERS E XHIBIT A -PAY SCHEDULE Effective January 1, 2025 Jeb DesE~iptieR Pay G A 8 Q ~ PayFell ~13eeial ist ±% J&-:-W ~ ~ 44.69 Pa>fFell :ree lrnieiaR ~ ~ ~ ~ ~ PeFFRit +eERRiEiaR ±4e ~ :J4..89 ~ PM PeFseRRel AssistaRt ~ l-§....±7 ~ P-,.74 ~ Pest GeRtFel S13eeialist -1-§e ~ P.§G ~ ~ PlaRRiRg Aiae -1.fil ~ ~ ~ -3-h8e Ph~FReeF ~ ~ ~ M.-19 -3-5-:-90 Pe liee Pl:lete/lFRagiRg ~13eeialist -1-7-J ~ ~ ~ ~ Peliee ReeeFas ~13eeial ist ±4± ~ ~ ~ ~ Peliee ReeeFas ~1:113eP.«iseF -1-§e ~ P.§G ~ ~ Peliee ReeeFaS +eERRieiaR -1-¼± ~ ~ ~ ~ Peliee ~eF'w'iees ~13eeialist ~ ~ ~ -P-:-47 ~ Peliee ~ysteFRs GeeFaiRateF ±ea ~ ~ M,-89 JJ..49 PFegFaFR GeeFa M1:1FRaR ~eP.«iees -1-7-J ~ ~ ~ ~ PF9f3eFty aRG f;i,•iaeREe QffieeF -±eG ~ ~ JO..G4 ~ PF9f3eFt',' aRa f;i,•iaeREe ~l:lf3eF'w'iS9F -1-7.§ M-,e4 ~ J4..&8 ~ Riaesl=laFe GeeFaiRateF -±83 ~ ~ P--:+7-~ Risk MaRageFReRt S13eeialist ~ ~ ~ -P-:-47 ~ ~G,t,,QA GeeFaiRateF ~ M:-9§ ~ ~ 40-Ae ~GAQA +eERRiEiaR ~ ~ ~ M.-19 -3-5-:-90 ~eRieF AEE91:lRtaRt ±% J&-:-W ~ ~ 44.69 ~eRieF AEE91:lRtiRg +eERRieiaR -1-@ ~ ~ ~ ~ ~eRieF B1:1•teF -1-W ¼7A+ ~ ~ ~ ~eRieF Geele ERffiFEeFReRt Q#ieeF -1-88 ~ ~ ~ 44-.e& ~eRieF GeRStFl:lEti9R IRs13eeteF ±% J&-:-W ~ ~ 44.69 ~eRieF Qe131:1t~• Git•t' GleFI~ -1-84 ~ ~ ~ 4-0-,G§ H BM T MOU Ja nuary 1 , 2 022-D ecember 31 , 2 0 24 35 e +: G ~ ~ .§..h.+J ~ ~ ~ ~ ~ J-h.7-7 ~ ~ ~ ~ ~ J.§..,Q9 ~ ~ J.e.,88 ¼7--:+Q ~ 41-.§e ~ J.9.d-9 ~ ~ ~ ~ ~ ~ J.§..,Q9 ~ ~ ~ ~ -3-±.&0 ~ J.§.d.e ~ ~ ~ J.9.d-9 ~ ~ J4.-78 ~ ~ 4-0,-3.8 4-b-40 4l-.e4 ~ ~ ~ -3-±.&0 ~ 4b48 44.W ~ ¼7--:+Q ~ 41-.§e ~ ~ .§..h.+J ~ ~ ~ ~ ~ ~ #,.7-7 ~ ~ ~ ~ .§..h.+J 4-bGe 44-de ~ 623 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A -PAY SCH E DULE Effective January 1, 2025 I OW. I Seaiar fagiaeeriag lechai<ian -19-7 ~ ~ ~ ~ 47-,g.7 ~ ~ HBMT MOU J anuary 1, 2022.§ -December 31 , 20241 32 624 lea Ne W4J ~ GeG9 WM G4W ~ G44e ()43-7 ~ 04&± 07G9 W49 W% 0148 ~ ~ ~ ~ W-8e We± ~ G4Ge ~ 01-74 ~ ~ HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A-PAY SCHEDULE Effective January 1, 2025 Jee Qe56fip~8A Pay A B (; f) ~ SeRieF Faeilities Mai Rt :f€el:'I -±-7-1 ~ ~ ~ ~ SeRieF 1-leli eepteF Mai Rt :f€ER ~ 4±,8Q 43.89 4&.-09 ~ SeRieF 1-ll:lmaR Resal:lFEes :f€el:i ±+G ~ ~ ~ ~ SeRieF begal ,O.ssistaRt -18+ ~ J.7.,4J ~ 4h2-+ SeRi9F bieFaFy SJ:}eEialist -1-eQ ~ ~ ~ J-1.M SeRieF MaFiRe eEtl:liJ:} MeeRaRiE -±88 ~ ~ J9-:+G 4±:e& SeRieF Pa•;Fell :f€ERRieiaR ±e4 ~ ~ ~ ~ SeRieF Pe Fm it :f€€RRiEiaR -±-7-1 ~ ~ ~ ~ SeRieF SeP.•iees AssistaRt -1-W ~ ±7-:4G -1-847 -±-9-dS SeRieF SeF11iees +i=aRsp GeeFel -1-5-7 ~ ~ ~ ~ SeRieF :f€1eE9ffiffil:lAiEatieR5 '.T€€R Ai Eia A -±M J4.,.% ~ ~ 40,46 SeRieF WastewtF Pl:lmp MeeRaRiE ~ ~ ~ ~ ~ SeRieF WateF MeteF ReaeleF ~ ~ ~ ~ ~ SigRs & MaFl~iRgs GFewleaeleF -±88 ~ -3-7-,&1 J9-:+G 4±:e& SigRs beael¥.•eFl~eF -169 ~ ~ ~ J4..W SigRs/MaFl~iRgs eEtl:lip GJ:}eFateF ~ ~ ~ ~ ~ Seeia l SeF11iees Sl:lpeF11iseF ~ J.h01 ~ Md9 ~ See ial WeFkeF -le+ ~ ~ ~ ~ Steel~ GleFk U8 ~ ~ -24.-±4 ~ StFeet eEtl:l i J:} GpeFateF ~ ~ ~ ~ ~ StFeet MaiRt GFewleaeleF -±M J4.,.% ~ ~ 40,46 StFeet MaiRt beaelweFl~eF ~ ~ ~ ~ ~ Sl:lF¥e',' Pa Ft',' Ghief -1-98 ~ 41.-76 43.-&§ 4e.G4 Sl:lF¥ey :f€ERRiEiaA I ~ ~ ~ ~ ~ Sl:lF¥ey :f€ERRiEiaR II -169 ~ ~ ~ J4..W :f€1eeemml:lAieatieRs Speeialist -1-98 ~ 41.-76 43.-&§ 4e.G4 HBMT MOU January 1, 2022 -December 31, 2024 36 e J; G ~ ~ 4-0,-74 W,&± ~ ~ ~ ~ ~ ~ ~ 47,.;l+ ~ M.-78 ~ ~ 4&-% ~ J4.:4+ ~ ~ ~ ~ 4-0,-74 -20d4 ~ ~ ~ ~ ~ 4b48 44.6() ~ ~ ~ ~ ~ ~ ~ ~ 4&-% ~ ~ ~ J9.M ~ ~ ~ ¼7-,.7Q ~ 4-b-§e J..§..,£. ~ ~ ~ ,2-7.;94 ~ ~ ~ ~ 4b48 44.6() ~ ~ ~ ~ ~ W-:-7-6 ~ ~ ~ ~ ~ ~ J9.M ~ W-:-7-6 ~ 625 J&s ~ G-±8± W&9 G41G ~ 0±4-0 ~ 0144 Q4eQ ~ We8 W8-:§ ~ MM 014-e G4G4 W&-7-~ ~ W+9 {}!47 t;P.;7-+ ~ W9-7 ~ ~ W-7-± HUNTINGTON BEACH MUN IC IPAL TEAMSTERS EXHIBIT A -PAY SCHEDULE Effective January 1, 2025 Pay Jab E>eSGFiptiaR A B (;; f) ~ +i=affie eRgiAeeFiAg ::reelrnieiaA -1&8 ~ ~ ~ 4-be& +i=affie Mai At 1'eF>,<iEe WeFl~eF -1-fil ~ ~ ~ ~ +i=affie MaFl~iAgs beaElweFl~eF ±67 ~ ~ ~ ~ +i=affiE 1'igAal eleEtFiEiaA P+ ~ ~ ~ ~ +i=affie 1'igAal/bigl:it GFe•.♦.tleaEleF -1&8 ~ ~ ~ 4he8 +i=ee e1:11::1i13FAeAt G13eFateF -1-W ~ ~ ~ ~ +i=ees MaiAteAaAee GFewleaEleF ~ ~ ~ ~ 4-0-AG +i=ees MaiAteAaAee beaEl•,..,eFkeF ±67 ~ ~ ~ ~ 6ltilities +eERAeleg•,i GeeFEliAateF 2W 4±.&Q ~ 4e.G9 ~ Vel1::1AteeF 1'eF>,<iees GeeFEliAateF -1--9 ~ P.+7-~ ~ l-6Ja Fel'le 1::1se l~ee 13eF -1-fil ~ ~ ~ M-:-86 Waste>,•,iateF e1:11::1i13 G13eFateF -1-W ~ ~ ~ ~ WastewateF Mai At 1'eF,..iee WeFIH -1-fil ~ ~ ~ ~ i.~Jaste'>•,<ateF G13s GFewleaEleF ~ ~ ~ ~ 4-0-AG l-6JastewateF G13s beaElweFl~eF ±67 ~ ~ ~ ~ WastewateF Pl:lFAf3 Meel'laAiE -1--9 ~ P.+7-~ ~ WateF GeAseF>,<atieA GeeFEliAateF ~ ~ ~ J1-:++ ~ WateF gjst MaiAt GFe,,,,leaEleF ~ ~ ~ ~ 4-0-AG l,AJateF gjst MaiAt beaElweFl~eF -1-7.§ ~ ~ M:-88 ~ WateF gist MeteFs GFe•,1,1leaEleF ,lg§ ~ ~ ~ 4-0-AG WateF gist MeteFs beaElweFkeF ±67 ~ ~ ~ ~ WateF e1:11::1i13 G13eFateF ±67 ~ ~ ~ ~ WateF MeteF ReaEleF ±48 ~ ~ ~ ~ WateF MeteF Re13aiF +eERAiEiaA -1-W ~ ~ ~ ~ WateF G13eFatieAs GFewleaEleF ,lg§ ~ ~ ~ 4-0-AG WateF G13eFatieAs beaElweFkeF -1-78 ~ ~ ~ ~ H BMT MO U Janu ary 1, 2 0 22 -D ecember 3 1, 20 24 37 E J= G #,-7-7 4➔.-9§ ~ ~ J.b&G ~ ~ ~ ~ ~ 4h19 ~ #,-7-7 4➔.-9§ ~ ~ ~ ~ 4648 44.-W 4~ ~ ~ ~ ~ ~ ~ ~ ~ J.§..44 ~ ~ ~ ~ ~ ~ ~ J.b&G ~ 4648 44.-W ~ ~ ~ ~ ~ ~ J.§..44 4he4 ~ 4§..,9-1 4648 44.-W ~ ~ ~ ~ 4648 44.-W ~ ~ ~ ~ ~ ~ ~ ~ JO.&e -3b41 Jb8Q ~ ~ 4648 44.-W ~ ~ 4-hW ~ 626 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT A-PAY SCHEDULE Effective January 1, 2025 I ™ I Water Quality Ceer<l i Aa !er J4,.% ¼.e9 ~ 4-0Ae Q..48 44.W ~ HBMT MOU J anuary 1, 2022.§-December 31, 20 24I 32 627 lea Ne Q.19± G4fil We& WW W7Q G449 HUNTINGTON BEACH MUNICIPAL TEAMST E RS EXHIBIT A -PAY SCH E DULE Effective January 1, 2025 Jee QeseFi~~eA Pay A B (; t) RaRge WateF Q1:1ality :reelrnieiaA ~ ~ ~ ~ ~ 1AlateF SeP.iiee WeFkeF -1-§4 ~ ~ ~ ~ 1Piate F S•,•steA'ls +eERAieiaA I -1-§4 ~ ~ ~ ~ WateF S•;steA'ls +eEl=IAieiaA II -1W ~ ~ -30,G4 ~ WateF SysteA'ls +eEAAiEiaA Ill -1-+G ~ M.,fil ~ M.&§ WateF IJality beeateF ~ ~ ~ ~ ~ H BM T M O U Ja nuary 1, 2022 -D ecem ber 31, 2 024 38 E ~ G ~ J.9.d9 ~ ~ J.b7.e J4..4G ~ J.b7.e J4..4G ~ ~ ~ ~ ~ ~ ~ J.9.d9 ~ 628 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B -UNIFORM POLICY UNIFORM POLICY A. General The City shall furnish uniforms on an annual basis to those employees designated by the various Department Heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Employees All employees listed in Exhibit B-1 shall wear a standard City adopted uniform. Each Department Head shall determine which employees must wear a uniform. The Uniform Listing by Category/ Class shall be indicated in the document attached hereto and by this reference incorporated herein as Exhibit B-1. C . Personal Protective Equipment (PPE) All personal protective equipment as related to employee job duties and responsibilities shall be provided based upon Supervisor designated need. Examples of personal protective equipment include , but may not be limited to.I. the following: hardhats, foul weather gear, steel-toed rubber boots, steel-toed caps, wood heat resistant soles, special hazard gloves, safety glasses, face shields, ear protectors and arm and shin guards. R-1 safety vests shall be furnished to all employees having occasion to work within travel ways. D. Safety Shoes 1. Safety toe shoes or boots as ea~h assignment dictates. a. Two pair per year. b. Damaged shoes shall be turned into operating Supervisor who shall authorize replacement or repair. 1. The maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and ti.venty fiveseventy-five dollars ($~275 .00) per pair every six months or sooner, if necessary. 2. Shoes or boots shall be purchased through designated standard outlets . E. Employee Responsibilities 1. Wear a c lean and complete uniform as required. HBMT MOU January 1, 20225 -December 31, 20241 39 629 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT B -UNIFORM POLICY 2. Uniform appearance shall include : a . Patch to be worn above left shirt or j acket pocket. b. Pants to have no cuffs. c . Worn with pride in appearance to public (i.e ., shirt buttoned, shirttail tucked in, etc. 3. Wash and provide minimum repai r (i.e., buttons , small tears , etc.) 4. Wear the uniform on ly when on duty or performing work . 5. Notify the Supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance . 6 . Turn in all uniform components , including patches upon separation . 7 . Turn in all personal protective equipment upon separation. 8 . Wear all personal protective equipment pres cribed by the City Safety Officer and Supervisor of the division . F. City Responsibilities 1. Furnish funding for the agreed uniform allowances on an annual basis , including funding for any initial alterations necessary. 2 . Report to the California Publi c Employees Retirement System (CalPERS) the cost of uniforms provided as set forth in Uniform Listing by Category/Class, Exhibit B- 1, for each class as special comp ensation in accordance with Title 2 , Californ ia Cod e of Regulations , Section 571 (a)(5). For employees that a re not required to wear uniforms on a daily basis.1 or who are not actively employed for an entire payroll calendar year, a prorated cost of uniform s may apply. 3. Provide and maintain one or more ret ail cl othing outlets for the various allotments . City reserves the right to name vendor. 4. Maintain records of purc hases . H BMT M OU Ja nuary 1, 2022!2-Decem be r 31, 2 0 2 41 40 630 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXH IBIT B -UNIFORM POLICY G. Department Head or Designee Responsibilities 1. Ensure employee compliance with the Uniform Policy. 2. Approve replacement of deteriorated uniform component(s) and personal protective equipment as required and to maintain a listing for each eligible employee, by name and class , of all uniform component(s) and personal protective equipment purchased. 3. Confirm receipt of uniforms, patches and personal protective equipment from an employee upon separation. A Separation Checklist Form is to be completed, signed by the employee, and submitted to the Human Resources Office . 4. Report to Administrative Services DirectorDirector of Human Resources any changes to the Uniform Listing by Category/Class (Exhibit B-1). The City reserves the right to add , delete, change or modify the Uniform Listing as required. HBMT MOU January 1, 20 225 -December 31 , 2 02 41 41 631 HU NT INGTON BEACH MUN ICIPAL TEAMSTERS EXH IB IT B -UNIFORM POLICY Exhibit B-1 Category of Uniform Category of Uniform Group 1: 5 Shirts, T-Shirts and Pants, Patches, 1 Jacket (PW/C&LS Field Issue), G roup 2: 1 Bl ue Suit, 2 Pants/ Polo Shirts, 1 Sweater, 1 Pai r Shoes (Fire) Group 3: 2 Blue Shirts, 3 Pants/Skirts, 1 (choice) JackeUSweater/Sweatshirt (PD) Group 4: 2 Polo Shirts, 2 Pants or 2 Shorts, 1 Hat (C&LS) 5 Polo Shirts, 1 Jacket, 1 W indbreaker (not annually), 1 Hat (I nspection), Shoes PPE/Safety for Group 5: Inspectors only (not CalPERS reportable) Group 6: 2 T-Shirts (CS) G roup 8: 4 Battle Dress Uniform, 4 Polo Shirts, 1 Jacket, 1 Rain suit (PD) Group 9: 4 Blue Pants, 2 Shorts, 4 Polos or Blue Shirts , 1 Jacket, 1 Rain suit (PD) Group 10: 5 Shirts, 5 Pants, 1 Jacket, 1 Brush Jacket, Shoes PPE/Safety not PERS reportable Group 11: 3 Shirts, 3 Pants, Boots PPE/Safety not PERS reportable Group 12: 5 Polo Shirts, 3 Pants, 1 Sweatsh irt or Windbreaker (AS) Un ifo rm Listing by Category/Class* Department J ob Class Category Notes Ty pe of Uniform I"---0 I a.,. C,·--~ Beact:i eEJl:lip GpeFateF 4 "' -......... - I"---0 I a ... C, ·--G-149 8eact:i MaiRt GFewlea4ef 4 ,-.. -.... ,..., -· r----0 I a ... C', Q4@ BeacA MaiRt SePJ-ice lAleFkeF 4 ,--.. -·-- Daily wear not required . Used for Comm & Lib Svcs ~0783 Community ~eFVices RecFeatieRand 6 special events and/or sports Library Services Supervisor leagues. Frequency of use varies - seasonal from weekly to monthly Community ~FVicestRecFeatieR Daily wear not required . Special events and/or sports leagues use Comm & Lib Svcs 02W0784 Specialist::md Library Services 6 on ly. Frequency varies from weekly Coordinator to monthly according to season . Comm & Lib Svcs 0448 Marine Equipment Mechanic 1 HBMT MOU January 1, 20225 -Decembe r 31, 20224 42 632 Department ,... FRFR & bi s s•,Gs Comm & Lib Svcs Comm & Li b Svcs Comm & Lib Svcs Comm & Lib Svcs Comm & Lib Svcs r-~FRFR & bis alJGS ,:~--o ,-~ Comm & Lib Svcs Finance Public Works Fire Fire F-ff€ Fire Fire Fire Fire A<:lFRiRiSlFalive SePJiGeslnfo rmation Services Community Development Community Development Community Development Community Development Community Development Community Development HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIB IT B -UNIFORM POLICY Job Class Category Notes Ty pe of Unifo rm 04++ PaFkiR§ MeteF RepaiF leGR 4 ~078 7 Parking Meter RepaH: 1 Wefke!:Tec hnic ian 079 1 Faci lities Maintenance Coo rdinator 1 0570 Parking an d /Camping Assistant 4 0787 Parking and Cam~ing O~e rations 1 Crewleade r 0459 Parking and /Camping Crewleader 4 (:)404 PaFkiR§.IGaFRpiR§ bea<:lweFkeF 4 ~ ~eRieF MaFiRe eq1:1ip MeGRaRiG 4 G2ea0785 SeRie F Social Services Assistan t 6 Bus Driver only 0398 Field Serv ices Representative 1 0232 Emergency Medical avGS-Services 2 Coord Emergency Sefv.iGe-S Q.:I..W0822 GeeF<:liRaleFManagement 2 Daily wear not re quired Adm inistrator 02GO i;'.iFe Safety PF9§FaFR SpeGialist J 0173 Fire Training Maintenance Tech 11 0190 Hazardous Material Program 10 Specialist 004-a0824 Fire Prevention Inspector ! 10 00420823 Senior Fire Prevention lnspector-U 10 rnfe..Sen ior Information Technology G4920835 12 Dai ly wear not required Technician-W 02400807 Building lnspector-l 5 B1:1il<:liR§ IRspeGleF IICombination G2-140806 l ns~ector 5 Bl:lil<:l i R§ IRspeGle F IIISenior GJW0804 Combin ation l ns~ecto r 5 048e0796 Code Enforcement Officer-l 5 ~0795 Senior Code Enforcement Officer-U 5 0511 Code Enforcement Tech 5 HBMT MOU Ja nu ary 1, 20225 -December 31, 20214 43 633 MARINE SAFETY MANAGEMENT ASSOCIATION EXH IB IT E -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Community MM0794 -Sefli8f-Princ ipal Code Enforcement 5 Development Officer Police 0263 Community Relations Speciali st 3 Daily wear not required Po lice G4740597 Commun ity Services Officer 9 Police 0255 Crime Scene Investigator 8 Police 0337 Helicopter Maintenance Tech nician 1 HBMT MOU January 1, 20 22.§ -December 31, 20241 32 634 Department Pem;e Po lice Po lice Police Poli ce Poli ce Police Police Police Polic e Po lice . Public Works Publ ic Works Public Wo rks Public Works P-lffiliG-We~ Public Works Public Works Public Works Pl:leliG IA~Fks Public Works Public Works Public Works P-ootis-WGfks Public Works Public Works HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXH IBIT B -UNIFORM POLICY Job Class Category Notes Type of Un iform (}4.§§ PaFkiR§f+FaffiG-GeRtFel GeeFEl iRateF g ,.. 0262 Parking/Traffic Contro l Officer 9 0577 Parking/Traffic Contro l Supervisorv 9 roo.708 49 Sen ior Police Records Specia li st 3 In Records Division o nly 0283 Police Records Supervisor 3 Q282085 1 Police Records +eGRRiGiaRS(;1ecialist 3 0308 Police Services Specia li st 3 In Records Divisi on only 0215 Poli ce Systems Coord in ator 3 0259 Property and Evidence Officer 9 0261 Property and Evidence Supervisor 9 0334 Senior Heli copter Maintenance 1 Tech nician 0863 Publ ic Works Egui (;1ment O(;1erator 1 0585 Public Works Maintenance Crew 1 Lea der 086 1 Senior Public Works Ma i ntenance 1 Worker 04-72087 1 Cons t ruction In spector l 5 G~ GeRStFl:lGl ieR I RSJ:l9Gt9F 11 6 GFess GeRResl ieR GeRtFel £f:leGWater G4-920895 Qual ity S(;1ecialist 5 0339 Electrician 1 0445 Environmental Specialist 5 ~ eql:li f:l £eFVises GFewleaEleF 4 eql:liJ;)IAl:lte Ma iRt GFewleaGeFFleet 04-420875 Ma intenance Crew Leader 1 eq1:1iJ;)IA1:Jle Ma iRt beaEJweFkeFLead G4-720876 Fleet Maintenance Mechanic 1 Equip ment ~rt /1.ssislaRIParts ~0880 l nvento[Y SURRIY Clerk 1 G4G-7 ~es-MaiRI beaEJweFkeF 4 0391 Faci liti es Maintenance Tech nic ian 1 G4660357 Irriga tion GFewleaGeFS(;1ecialist 1 HBMT MOU Janu ary 1, 20225 -December 31, 20241 44 635 MARINE SAFETY MANAGEMENT ASSOC IATION EXHIBIT E -VOLUNTARY CATASTROPH IC LEAVE DONATION PROGRAM PYb«G--WeFks row baRElsGa13e EE!l,lif} G13eFateF 4 - -P-ubliG V!JeFks G44a baRElSGa13e MaiRt GFewleaEleF 4 - Public Works ()4000864 Landscape Ma int 1 beaElweFkeFlns12ector J;;lt,jl:JliG lAIGFks ~ MaiRteRaRGe SeP.1iGe l/lJeFkeF 4 Pub lic Wo rks ro940862 Public Works Maintenance Worker 1 Pub lic Works 0892 Utilit}'. Maintenance Wo rker 1 Pu blic Works 0897 Uti lities Technolog}'. Su12ervisor 1 Public Works oa840878 Mechani c-I-1 HBMT MOU January 1, 2022§ -December 31, 2024I 32 636 Department P1:1el iG V•JeFks Public Works P1:1eliG l/1/efk.s P1:11:JliG WeFks Public Works P1:1eliG l/1/efk.s Public Works Public Works Public Works Public Works P1:11:JliG 1/>/eFks Publ ic Works Public Works ~GHG WeFks P1:1eliG \llJeFks ~G-Wefk.s P1:11:JliG 1/>/eFks P-ooliG-We fk.s ~GWeFks P1:11:lliG l,llJeFks Pub li c Works Public Works P1:11:JliGWeFks P1:1eliG Wefk.s Public Works Public Works HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXH IBIT B -UNIFORM POLICY Job Class Category Type of Uniform G348 MeGl=laRiG II 4 - ro470877 Se nior Mechani c--Ul 1 ~ PaiRteF beaGW8FkeF 4 04-ad P-afk..-MaiRteRaRGe GFewleaeeF 4 0367 Pest Control Specia li st 1 ~ Pl1:1ml:JeF 4 0515 SuQerviso[Y Control & Da ta 5 Acguisi tion (S CADA} Coordinator 0346 SuQerviso[Y Con tro l & Data 1 Acgu isition (SCADA} Technician 0171 Senior Construction Inspecto r 5 0343 Sen ior Facilities Mainte nance 1 Technician row SeRi9F Vel=l iGle ~eGy +eGRRiGiaR 4 ro490902 Senior Wastewater Pump 1 MeGl=laRiGTechnician Senior lAlateF MeteF ReaEieFUtility ro9e0893 Field ReQresentative 1 ~ Si!:JRS beaEJweFkef 4 Q.t48 Si!:jRSJMaFkiR!:jS GFewleaGeF 4 roM ~!:JS eE11:1i13 G13eFateF 4 ~ StFeet ~€!1:lil3 G13erateF 4 Q4.aG ~et--MaiRt GFewleaGeF 4 0400 ~tFeet MaiRt--beaGW8FkeF 4 o:IB3 S1:1PJey i;;!aFty Gl=lief !3 04+40882 Survey Technician 5 04-8a088 1 Senior Survey Technician --» 5 ross +FaffiG MaiRt SewiGe-WeFkef 4 - Q4+G +raffi G MaFkiR!:jS beaEJweFkef 4 - 0336 Tr affic Signa ls Electrician 1 044G0866 Traffic Signa l§.~ Crew 1 Lea derleada HBMT MOU January 1 , 202c25 -December 3 1, 20224 45 Notes 637 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM P1:1eliG IAfeFks roe~ +Fee eEjl:lipmeRt Gperatef 4 - +Fees Ma iRt beaElweFkeFLead Public Public Works Q4.eQ0859 Wo rks Maintena nce Worke r 1 +Fees MaiRteRaRGe GFewleaEleFPub lic Public Works 04440858 Works Ma intenance Crew Leader 1 HBMT MOU January 1, 2022.§ -December 31, 2024 Z 32 638 Department Public Works Publ ic Wo rk s P1:1eliG IJVeFks P-oolis l/lleFks Public Works Public Works Pub lic Works P1:1elis IJVeFks P1:1eliG lJVeFks P1:1eliG lJVeFks P1:1eliG l/lleFks Public Works Public Works Public Works Public Works Public Works P1:1eliG lJVefks P1:1eliG l/ll eFks Public Works Publi c Works Public Works HUNTI NGTON BEACH MUN ICIPAL TEAMSTERS EXH IB IT B -UNIFORM POLICY Job Class Category Notes Type of Uniform ~0854 Warehouse Co ord inatorkeepef 1 0856 • Ware house Clerk 1 ~ l,l\fast ewateF ~€11:lipmeAt Qperatef 4- G4a4 l/llastewateF Mai At SefV-ise IJVeFkeF 4- Wastewater Qps CrnwleadeFCrew 04490898 Leader 5 ()4040901 Lead Was tewater Gps 1 beadweFkeFWo rke r ~0904 Wastewater Pump 1 MeGRaRiGTechnician G4a-1-WateF Qist MaiAt CFewleadef 4-~ wateF Qist MaiAt beadweFkeF 4- G4-4-7-lJVateF blis t MeteFS CFewleadeF a - 03+7-WateF blist Mete FS beadweFkeF 4- roe4089 1 Watef-!J..!i!irl.Equipment Operator 1 l,l\fate F MeteF ReadeFUti lity: Field W9-7-0894 Reg resentative 1 0356 Wate r Meter Repair Techn ician 1 WateF QpeFatieRs CFewleadeFWater Catego[Y 5 when assigne d to ~088 5 Uti lity: Crew Leader 1 or 5 Dis tribu t ion lJVateF QpeFatie Rs beadwefke.FLead W-74-0886 Water Utility: Worke r 1 G4e4 lJVateF SeFViGe IJVeFkeF 4-~ WateF Systems :res lrniGiaR I 4- Water Systems :re Gl:miGiaR II Utility: rowo890 Worker 1 Senior Water Systems :reGhRiGiaR ~0888 mutility: Wo rker 1 Q449088 7 Water-Uti lity Locator 1 *Note : un less otherwise ind i cated, uniforms are required for daily wear. HBMT MOU January 1 , 202:5!.5.-Decemb e r 31, 20241 46 639 UNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C -VEHICLE USE POLICY VEHICLE USE POLICY Section 1 -Purpose The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City-owned vehicles as transportation for employees who engage in official City business, to establish reimbursement procedures for privately-owned vehicles used for City business , and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. Section 2 -Scope These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. Section 3 -Policy When necessary during the course of an employee's official duties, transportation or re imbursement therefore shall be provided by the City. In the event no City vehicle is available , the employee may use their personal vehicle with the approval of the Department Head . Employees authorized to drive either their own or a City-owned vehicle on official business must possess a valid California Driver License for the class of vehicle they will be operating. The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Manager Office upon approval of the City Council and administered by the Department Heads in accordance with the policies herein established. It is the responsibility of each Department Head to enforce the provisions of this regulation as it relates to employees of their department. City-owned vehicles shall only be used fo r official City business. City-owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation . Section 4 -Vehicle Use Criteria I. Assigned Vehicles: A. Assigned City veh icles may be taken home by employees whos e residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Manager, Assistant City Manager and Department Heads. HBMT MOU Ja nuary 1, 2 022.5 -Decem ber 31, 2 0241 47 640 UNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C -VEHICLE USE POLICY 2. Emergency Response Units: a . Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. b. Employees who are required to carry special emergency equipment in their vehicles , which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside of regular working hours -Employees who are called back on an unscheduled basis to perform official City business outside of regular working hours more than once per week on an average and who meet one of the following criteria : a. Mileage driven on official City business exceeds an average of five hundred (500) miles per month, or b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or c. Whose duties require the employee to be away from their base workstation greater than fifty percent (50%) of their working time, on average. B . City vehicles, which shall not be taken home, may be assigned based on meeting one of the following criteria : 1. Monthly mileage driven ex ceeds an average of five hundred (500) miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from their workstation, greater than fifty percent (50%) of their working time , on an average . II. Reimbursement of Use of Personal Vehicle : A. Executive Use -The City Manager, Assistant City Manager and Department Heads may, at their option, receive the automobile allowance as established by Resolution HBMT MOU January 1, 202 25 -D ec embe r 31 , 20 2 41 48 641 UNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C -VEHICLE USE POLICY B . Mileage Reimbursement -Employees, upon authorization of their Department Head, may use their own vehicles on official City business and shall be reimbursed at current Internal Revenue Service (IRS) regulations while driving on official City business. 1. Employees shall submit monthly claims for reimbursement to their Department Head . 2 . Employees shall not be reimbursed for commuting to and from work , except that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required . Section 5 -Insurance Requirements All privately-owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of fifty thousand dollars ($50,000.00) public liability for any one person and one hundred thousand dollars ($100,000.00) public liability for all persons, any one accident. They must also be insured for twenty-five thousand dollars ($25,000.00) property damage and fifteen thousand dollars ($15,000.00) for any one uninsured motorist and thirty thousand dollars ($30 ,000.00) for all uninsured motorists any one accident. Employee private vehicle information shall be rev iewed and updated annually by the respective departments . The record maintained should contain the following current information. • Name of Employee • Operator's License • Insurance Company • Driver's License Expiration Date • Insurance Policy Number • Insurance Expiration Date • Amount of Coverage It shall be the Department Head's responsibility to insure that no privately owned vehicle is operated on City business without insurance coverage and a valid operator's license as required by this regulation . Clarification on City Liability on Use of Private Vehicle: In the event of damage to private vehicles, while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first one hundred dollars ($100 .00) of comprehensive and/or collision damages suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover such first one hundred dollars ($100 .00) damage. The employee's insurance policy is HBMT MOU January 1, 20225 -De cember 31, 20214 49 642 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT C -VEHICLE USE POLICY Considered as the primary coverage, and the City liability begins after th e limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official Citi business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. HBMT MOU January 1, 202.5~ -December 31, 2021 4 50 643 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT D € -9/80 WORK SCHEDULE 9/80 WORK SCHEDULE Th is wo rk sched ule is known as th e "9/80". The 9/80 wo rk sched ule is desig ne d to be i n c ompl ia nce with the re q ui rements of the Fa ir La bor St a nd ards Act (FL SA). In th e event t hat there is a confl ict w ith the cu rrent rules , pract ices a nd/or procedures regard ing work schedul es an d leave p lans, the n t he rules li ste d be low shall govern . 9/80 Work S chedule Defined The 9/80 work schedu le sha ll be defined as workin g n ine (9) days for e ighty (80) hours in a two (2) week pay period by working e ight (8) days at nine (9) hours pe r day and working one (1) day for e ight (8) hours, with a sched uled u npaid lunch break d uring each work shift, total ing forty (40) ho urs in each FLSA workweek. T he 9/80 work sched u le shall not red uce service to the pub lic, departmenta l effectiveness , prod uctivity and/or efficiency as determ ined by t he City Manager or designee. A. T he F LSA workweek for each emp loyee on a 9/80 schedule shall beg in and end fou r (4) hours into that em ployee's regu lar ly scheduled sh ift on the day of the week t hat t he employee al ternatively works a nd eight (8) hou r shift or takes off. Fo r examp le, employees on a 9/80 schedu le who are assigned to t he Civic Center shall have and FLSA workweek t hat starts and en ds four (4) hours i nto the employee's regularly scheduled shift each Fri day, as these employees may on ly have 9/80 schedu les t hat provide for alternating Fridays off with working e ight (8) hour days on Fridays. Employees may on ly take t hei r lun c h break on the i r eight (8) hour day after first having worked four (4) hou rs in t hat sh ift, un less the employee rece ives prior approva l of the ir Supervisor, as overtime may occu r in s uch situations . B . Two (2) Week Pay Pe riod -The pay period for employees starts Fri day mid-shift (P.M .) and continues for fourteen (14) days u nti l Friday mid-shift (A.M .). Du ring this period , each week is made up of four (4) nine (9) hour workdays (thirty-six (36) hours) and one (1) fo ur (4) hour Friday and those hou rs equa l forty (40) hours in each workweek (e .g . t he Friday is split into four (4) hours for the A.M . shift , which is charged to workweek one and four (4) hours for the P.M. shift, which is charged to wo rkweek two ). C . A/8 Schedu les -To continue to provide service to the pub lic every Friday, employees on a 9/80 schedu le ass igned to the Civic Center, are to be d iv ided between two schedu les, known as the "A " schedule and the "B" schedu le, based upon t he departme nta l needs. For identification purposes, the "A " schedu le shall be kn own as the schedu le with a day off on the Friday in t he middle of the pay pe riod, or, "off on payday", the "B" schedu le shall have the first Friday (P.M.) and the last Friday (A.M .) off, o r "working on payday ". A n exampl e is listed below: HBMT MOU January 1, 2022 -December 31, 2024 55 644 8 Scbedu le B Scbedule HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT D € -9/80 WORK SCHEDULE AM ™ -----AM ™ ----- E E s s M I w Ih E E s s M I w. .4 .4 --.9. .9 .9 .9. -- --.9. .9. .9 - --- - - ----.9. .9. .9. .9 .4 .4 .: -.9 .9. .9. -- - -- -AM ™ Ih E E .9. .4 .4 .9. - -- - D. Schedu le C hanges -F LSA n o n -exempt employees can not change t heir assigned schedules, w ithout prior approv al of their Supervisor, Department Head, and the Director of Human Resources or designee . The pu rpose of t h is authorization is to review the impact on overtime. FLSA exempt employees may change t heir schedules at the beginning of any pay period wit h Supervisor and Department Head approval. E. Emergencies - A ll Employees on the 9/80 work sched ule are subject to be called to work any time to meet any and all emergencies or unusual conditions wh ic h , in the opinion of the City Manager, Department Head or designee may requ ire such service from any of said employees. Overtime Defined FLSA Non-Exempt Employees -A ll non-exempt employees under the 9/80 work schedu le sha ll earn overtime for all hours worked after the first forty (40) hours in their designated FLSA workweek as required under FLSA. Employees are required to obta in Supervisor authorization prior to working any overtime. 1. Overtime Compensation -As stated in Article IX.B . 2. Compensatory Time -As stated in Article IX.B. Leave Benefits When an employee is off on a scheduled workday under the 9/80 work schedu le, then n ine (9) hours of elig ible leave per workday shall be charged against the employee's leave balance or eig ht (8) hours shall be charged if the day off is a Frid ay. Al l leaves shall continue under the c urre nt accrual, eligibility, request and approva l requ irements. 1. General Leave -As stated in Article XI I .A 1. 2. Sick Leave -As stated in Article XI I.A.3. 3. Bereavement Leave -As stated in Article XII.A.4 . 4. Ho lidays a . If a holiday falls on an FLSA non-exempt employee's flex d ay off, the employee must then take the work shift before or after the holiday off with thei r Supervisor HBMT MOU Janu ary 1, 2022.5 -December 3 1, 20 2 41 56 645 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT Q..e -9/80 WORK SCHEDULE and Department Head approval. If the employee cannot take the work sh ift before or after the holiday off, the employee will be c redi ted General Leave with the n umber of hours of the employee 's regula rly scheduled work shift. b . If a holiday falls on an FLSA exempt emp loyee's flex day off, t he emp loyee must then take the work sh ift befo re or after the ho liday off with Supervisor and Department Head approval. FLSA exempt employees shall not be granted any Admin istrative/ General Leave or any added compensat ion for not taking a work shift off on a schedu led holiday. 5. Jury Duty -The provisions of the Personnel Ru les shall cont inue to apply, however, if an FLSA exempt emp loyee is called to serve on a jury duty during t he employee's f lex day off, Saturday, or Sunday, or on a City hol iday, then the jury d uty shall be considered the same as having occurred during the employee's day off work; therefore, t he emp loyee will receive no add itional compensation. HBMT MOU January 1, 2022.§ -December 31, 2021 4 57 646 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT _!; _ _f'.-4/10 WORK SCHEDULE T hi s work schedule is known as the "4/10" work sche d ule. T he 4/1 0 work sch ed ule is designed to be in compliance w ith the requ iremen t s of t he Fa ir Lab or Sta ndards Act (FLSA). In t he eve nt t hat th e re is a co nf lict wit h t he curren t rules, practices a nd /o r procedures regardi ng work sched ul es and leave plans, t hen the rul es listed below shall govern . 4 /10 Work Schedule Defined T he 4/10 work sched ule shall be defin ed as working four (4) days for forty (4 0) hours in an FLSAworkweek by working fo ur (4) days at ten (10) hours per day, p lus a minimum of t hirty (30) m inutes unpaid lunch du ring each work sh ift . T he FL SA workweek shall be defined as Saturday 12 :00:00 A.M. to Friday 11 :59 :59 P.M . The 4/1 0 work sc hed ule shall not reduce service to the publi c, departmenta l effect iveness, productivity and/or efficiency as determined by t he City Manager or designee. All employees on the 4/10 work schedule are subject to be ca ll ed to work any time to meet any and all eme rgencies or unusual condi t ions which, in th e op in ion of the City Manager, Departmen t Head or designee may require such service from any of said employees. Overtime Defined FLSA Non-Exempt Employees -All non-exempt employees under the 4/10 work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA workweek as required under FLSA. Employees are required to obtain Supervisor authorization prior to working any overtime. 1 . Overtime Compensat ion -As stated in Article IX.B . 2 . Compensat ory Time -As stat ed in Article IX.B . Leave Benefits When an employee is off on a scheduled workday under the 4 /1 O work sched ul e, t hen ten (10) hours of eligible leave per workday shal l be c harged against the employee's leave ba lance . All leaves shall continue under the current accrua l , eligibility, request and approval req uirements . 1. Genera l Leave -As stated in A rt icle XI I .A.1 . 2 . Sick Leave -As stated in Article XII.A.3. 3. Be reavement Leave -As stated in Article X II.A.4 . HBMT MOU January 1, 20225 -December 31, 2 0242 58 647 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIB IT g_Q -4 /10 W ORK SCHEDU LE RET IREE MED ICAL SUBSIDY PLAN 4 . Holidays a . If a holiday fa lls on an FLSA non-exempt emp lo yee's regular ly sched ul ed day off, t he emp loyee m ust th en take t he work shift before o r after the holiday off, w ith Supe rv iso r and Departme nt Head approva l. If t he employee ca nn ot t ake t he work s hift before or after t he hol iday off, t he empl oyee w ill be c red ited w it h Gene ral Lea ve t he number of hou rs of the emp loyee 's reg u la rly scheduled work shift. b. If a holiday falls on an FLSA exempt employee's regularly sched uled day off, the employee must then take the work shift before o r after t he holiday off, w ith Supervisor and Department Head approval. FLSA exempt employees shall not be granted any Admin istrative/ Genera l Leave or a ny added compensation for not taking a work sh ift off on a schedu led holiday. 5. Jury Duty-The prov is ions of the Pe rsonne l Rules sha ll continue to apply, however, if an FLSA exempt emp loyee is called to serve on j ury duty d uring a normal Friday off, Saturday or Sunday or on a City holiday, then the ju ry duty shall be considered the same as having occurred during the emp loyee's day off f rom work; therefore, the employee will receive no added compensation. 648 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT .E_e -RETIREE MEDICAL SUBSIDY PLAN 9/80 \IIJORK SCHEDULE PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN Employees hired on or after October 1, 2014 shall not be eligible for this benefit. An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided : A. On the date of retirement the employee has a minimum of ten (10) years of continuous full time City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System . The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retiree or dependent can first apply and become eligible , automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly prem iums may be adjusted downward or eliminated. Benefit coverage at age sixty-five (65) under the City's medical plans shall be governed by applicable plan document. 2. In the event the federal government or state government mandates an employer-funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees , the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverag e, if any. 3. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death, or would be eligible to receive if they w e re retired at the time of death , shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. 649 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT f_O RETIREE MEDICAL SUBSIDY PLAN SCHEDULE OF BENEFITS D . Minimum Eligibility for Benefits -With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous service with the City of Huntington Beach. Said service must be continuous for ten (10) years unless prior service is reinstated at the time of their rehire in accordance with the City's Personnel Rules. E . Disability Retirees -Industrial disability retirees with less than ten (10) continuous years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty-one dollars ($121.00). Payments shall be in accordance with the stipulations and conditions that exist for all retirees. Payment shall not exceed the dollar amount that is equal to the full cost of premium for employee only. F. Marital Status -Married unit retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section G - Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City-sponsored medical plan . a. In the case where a retired unit member is married to a City employee (active or retired) outside of this bargaining unit, this provision shall remain applicable. b. The provision shall apply to State of California registered domestic partners the same as married spouses. c . Upon City Council approval of this agreement, this provision shall become effective the first day of the month following HBMT open enrollment for Medical plans . G. Maximum Monthly Subsidy Payments -All retirees , includ ing those retired as a result of disability whose number of continuous years of service on the date of retirement exceeds ten (10), shall be entitled to a maximum monthly payment of premiums by the City for each year of completed City service as follows : Maximum Monthly Payment For Retirements After: Years of Service 10 11 12 13 14 15 16 Subsidy $121 136 151 166 181 196 211 650 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT ,EJ) -RETIREE MEDICAL SUBSIDY PLAN 17 18 19 20 21 22 23 24 25 226 241 256 271 286 300 315 330 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death , divorce or loss of dependent child status . However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents . In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. H. Medicare: 4-,.L_AII persons are eligible for Medicare coverage at age sixty-five (65). Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age sixty-five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare . In all cases, Part B of Medicare is paid for by the participant. 2--:-_3._When a retiree and their spouse are both s ixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the ma x imum subsidy, whichever is less. ~__,__ When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. I. Cancellation : 1. For retirees/dependents eligible for paid Part A of Medicare , the following cancellation provisions apply: a . Coverage for a retiree under the Retiree Medical Subsidy plan will be eliminated on the first day of the month in which the retiree reaches age sixty-five (65). If such retiree was covering dependents under the Plan , HBMT MOU J a nua ry 1, 202-2.§ -Dece mbe r 31, 202Z4 5 3 651 HUNTINGTON B EACH MUNICIPAL TEAMSTERS EXHIBIT ,EJ;> RETIREE MEDICAL SUBSIDY PLAN Dependents will be eligible for COBRA continuation benefits effective as of the retiree's sixty-fifth (65th ) birthday. b . Dependent Coverage will be eliminated upon whichever of the following occasions comes first: i . After thirty-six (36) months of COBRA continuation coverage , or ii. When the covered dependent reaches age sixty-five (65) and in the event such dependent reaches age sixty-five (65) prior to the retiree reaching age sixty-five (65). c. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered "eligible to make application ", whether or not application has been made for Medicare, the Retiree Medical Subsidy Plan will be eliminated. d . Retiree Medical Subsidy Plan and COBRA participants shall be notified of non-payment of premium by means of certified letter from Human Resources in accordance with the provisions of this Memorandum of Understanding. e. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be term inated from the Plan and shall not have reinstatement rights. 652 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT E 9/80 'NORK SCHEDULE 9/80 'NORK SCHEDULE This work schedu le is knovm as the "9/80". The 9/80 work schedu le is designed to be in compl iance •..vith the requiremen ts of the Fa ir Labor Standards Act (F LSA). In the event that there is a conflict with the current rules , practices and/or procedures regarding work schedules and leave plans, then the rules listed be low sha ll govern . 9/80 \/\Jork Schedule Defined The 9/80 1..vork schedule shal l be defined as •..vorking n ine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours, with a scheduled unpaid lunch break during each work shift, totaling forty (40) hours in each FLSAworkweek. The 9/80 •..vork schedule shall not reduce service to the public, departmenta l eff€ctiveness , productivity and/or efficiency as determined by the City Manager or designee . A. The FLSA •..vorkweek for each employee on a 9/80 schedu le shall begin and end four (4) hours into that emp loyee's regularly scheduled shift on the day of the week that the employee alternatively works and eight (8) hour shift or takes off. For example , employees on a 9/80 schedule who are assigned to the Civic Center shal l have and FLSA workweek that starts and ends four (4) hours into the employee 's regularly s cheduled sh ift each Friday, as these employees may only have 9/80 schedules that provide for alternating Fridays off 1..vith 1..vorking eight (8) hour days on Fridays. Emp loyees may only take their lunch break on their eight (8) hour day after first having •..vorked four (4) hours in that shift, unless the emp loyee rece ives prior approval of their Supervisor, as overtime may occur in such s ituations . B . T-.vo (2) \"leek Pay Period The pay period for em ployees starts Friday mid shift (P.M.) and continues for fourteen (14) days unti l Friday mid shift (A.M.). During th is period , each week is made up of four (4) nine (9) hour workdays (thirty six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) hours in each workweek (e.g . the Friday is split into four (4) hours for the AM. shift, which is charged to workweek one and four (4) hours for the P.M . shift , which is charged to workv.ieek two). C. .AJB Schedu les To continue to provide service to the public every Friday, employees on a 9/80 schedu le assigned to the Civic Center, are to be divided bet\\'een two schedu les, known as the "A " schedule and the "B " schedule , based upon the departmental needs . For identification purposes , the "A" schedule shal l be known as the schedule with a day off on the Friday in the middle of the pay period , or, "off on payday", the "B" schedule sha ll have the f i rst Friday (P.M .) and the last Friday (A.M .) off, or "work ing on payday". An example is listed be low: HBMT MOU January 1, 2022 -December 31, 2024 55 653 I A l"" _ 1_ _..., ,...,....,\.,,11\\,,; B Sehe<:lt:ile HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT E 9/80 '.".'ORK SCHEDULE AM PM ------AM PM ----- f f s s M f w th f f s s M f w 4 4 -w 9 9 9 9 w V V V 9 9 9 -w -V 9 9 9 9 4 4 w V 9 9 9 -AM -PM th f f 9 4 4 9 w - D . Schedule Changes FLSA non exempt employees cannot change their assigned schedules, without prior approval of the ir Supervisor, Department Head , and the Administrative Services DirectorDirector of Human Resources or designee. The purpose of this authorization is to review the impact on overtime . FLSA exempt employees may change their schedules at the beginning of any pay period wit-A Supervisor and Department Head approvah E. Emergencies All Employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions 1.vhich , in the opinion of the City Manager, Department Head or designee may require such service from any of said employees. Overtime Defined FLSA Non Exempt Employees All non exempt employees under the 9/80 work schedule shall earn overtime for all hours worked after the first forty (40) hours in their designated FLSA work1.¥eek as required under FLSA. Employees are required to obtain Supervisor authorization prior to 1.vorking any overtime. 1. Overtime Compensation As stated in Article IX.B . 2 . Compensatory Time As stated in Article IX.B . Leave Benefits VVhen an employee is off on a scheduled workday under the 9/80 work schedu le , then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual , eligib ility, request and approval requirements . 1. General Leave As stated in Article XII.A.1 . 2 . Sick Leave As stated in Article XII.A.3 . 3 . Bereavement Leave As stated in Article XII.A.4. 4 . Ho lidavs HBMT MOU January 1, 2022 -December 31, 2024 56 654 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT E 9/80 'JIJORK SCHEDULE a . If a ho li day fa ll s on an FL SA non exempt e mp loyee's flex day off, t he employee must t hen take t he work sh ift befo re or after the holi day off with th ei r Supervisor and Departm ent Head approval. If the em ploy ee ca nn ot ta ke t he work shift befo re or afte r the hol iday off, t he e m ployee w ill be credite d Ge neral Le ave with the number of ho urs of the employee 's regula rl y scheduled 1.vork shift . b . If a holid ay fa ll s on an FLS A exempt employee's flex day off, t he e mployee must then take t he work shift before or after the holiday off with Supervisor and Department Head approval. FLSA exempt em pl oyees sha ll not be granted any Administrative/ Genera l Leave or any added compensation for not taking a work sh ift off on a scheduled holiday. 5 . Jury Duty The provisions of the Personnel Rules shall continue to apply, hmveve r, if an FLSA exempt employee is called to serve on a jury duty during the employee 's f lex day off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be cons ide red the same as having occurred during the employee's day off v.'ork ; therefore , the employee w i ll receive no additional compensation . HB T OU Januaiv 1. 2022-December 31. 2024 57 655 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXH IBIT E 9/80 'JIJORK SCHEDULE HBMT MOU Janua 1. 2022 -Dece ber 31. 2024 57 656 HUNTINGTON BEACH MUNIC IPAL TEAMSTERS EXH IB IT F 4/10 lJ\JQRK SCHEDULE T his work schedule is kno11✓n as th e "4/1 O" work sc he dule . The 4/10 work sched ule is de signed to be in comp li ance with the req uirements of t he Fa ir Labor Sta ndards Act (FLS A). In t he event t hat t he re is a co nf lict w ith th e curre nt rules , practi ces a nd /o r procedure s regard ing work schedu le s and leave p lans, the n t he rules listed below s ha ll gove rn . 4/10 \'Vork Schedule Defi ned The 4/10 work schedule shall be defined as wo rki ng fo ur (4) days for forty (40) hours in an FLSAworkweek by working four (4) days at ten (10) ho urs per day, plus a mini mu m of t hirty (30) m inu tes unpa id lunch du ring each work shift. The FLSA workweek sha ll be defined as Sa tu rday 12:00:00 A.M . to Friday 11 :59:59 P.M . The 4/10 1.vork schedule shall not red uce service to the pub l ic , departmental effectiveness , prod uctiv ity and/or efficiency as determ ined by the City Manager or designee . All employees on the 4/10 work schedu le are subject to be cal led to 1.vork any time to meet any and all emergencies or unusua l cond itions which , in the op i nion of the City Manager, Department Head or designee may require such service from any of said emp loyees. Overtime Defined FLSA Non Exempt Emp loyees A ll non exempt employees under the 4/10 work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA workweek as required under FLSA . Employees are require d to obtain Supervisor authorization prior to 11✓orking any overtime . 1. Overtime Compensation As stated in Article IX . B. 2 . Compensatory Time As stated in Article IX .B. Leave Benefits VVhen an emp loyee is off on a scheduled workday under t he 4/10 work schedule , then ten (10) hours of el igible leave per workday shall be charged against the employee 's leave ba lance. All leaves shall cont inue under the curren t accrual , eligibility, request and approval requi rements . 1. Genera l Leave As stat ed in Artic le X II.A.1. 2 . Sick Leave As stated in Article X II.A.3 . 3. Bereavement Leave As sta ted in Artic le X II.A.4 . RM nt I ,in, 1,i rv 1 ?O?? -n ·" mh Ar ::11. ?0? !iR 657 4 . Holidays HUNTINGTON BEACH MUNIC IPA L TEAMSTERS EXHIBIT F 4/10 \."!ORK SCHEDULE a . If a ho lid ay fa lls o n an FLSA non exem pt employee's regula rl y sched uled d ay off, t he employee must the n t ake th e work s hift before o r after th e holiday off, with Supervisor a nd Dep a rtment Head approval. If t he employee ca nnot take the i.vork sh ift before or after the holi day off, the employee wil l be cred ited with General Leave the number of hours of t he employee 's regularly schedu led work smfb b. If a hol iday fa lls on an FLSA exempt employee's regularly schedu le d day off, the employee m ust then take the work shi ft before or after t he holiday off, 1.vith Superv isor and Department Head approval. FLSA exempt emp loyees shall not be granted any Adm ini strative/ General Leave or any added compensation for not taking a work sh ift off on a scheduled holiday. 5 . Jury Duty The provis ions of the Personnel Ru les shall continue to app ly, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday or Sunday or on a City holi day, then t he jury duty shall be considered the same as having occurred during the employee's day off from 1Nork; therefore , the employee wi l l receive no added compensation . HBMT MOU Januarv 1, 2022 -December 31, 2024 59 658 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT G -AGENCY SHOP AGREEMENT AAGENCYSHOPAGREEMENT Legislative Authority The City of Huntington Beach (City) and the Huntington Beach Municipal Teamsters (Association) mutually understand and agree that in accordance with State of California law, per adoption of SB 739 (Government Code Section 3502.5), and SB 866 (Government Code Section(s) 3550, 3551, 3552, 3553, 3555.5 and 3556) the Association will be covered by an Agency Shop. As a result of this Agency Shop Agreement between the City and the Association, this Agency Shop Agreement hereby requires that all bargaining unit employees represented by the Association: 1. Make the voluntary election to join the Association and pay Association Dues 2. Or opt-out of Association membership The following Agency Shop Agreement will be implemented in confo rmity with California Government Code Section 3502.5 and applicable law (SB 866) and will be incorporated into any successor Memorandum of Understanding entered into between City and Association, unless rescinded pursuant to the terms of this Agreement. Association Dues The City shall deduct Association Dues, from all employees who have signed a written authorization, and a copy of that authorization has been provided to the Administrative Services DirectorDirector of Human Resources . The authorization shall indicate the Association Dues, to be deducted. Employees who do not sign the written authorization, shall be deemed to opt-out of Association membership . Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have Association Dues deducted for that pay period. The Association shall notify the Administrative Services DirectorDirector of Human Resources of the amount of the Association Dues to be deducted from the unit members' paychecks New Hire Notifi cation All new hires in the bargaining unit shall be informed by the Administrat ive Services DirectorDirector of Human Resources or designee, at the time of hire, that an Agency Shop Agreement is in effect for their classification, by providing a copy of this Agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Administrative Services DirectorDirector of Human Resources . Deductions under this Agency Shop Agreement RMT ()I J .l:ir 11:irv 1. 202 .fi -nP.r.P.mhP. ~1 . 20247 60 659 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT E 9/80 'NORK SCHEDULE for new hires will start with the first full payroll period beginning thirty (30) days after the new hire submits their selection to the Administrative HBMT MOU J anuarv 1. 20 22-December 31. 2 0 24 57 660 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT G -AGENCY SHOP AGREEMENT Services Director. The Association may request to meet with new hires at a time and place mutually agreed upon between the City and the Association . Records The Association shall keep an adequate itemized record of its financial transactions and shall make a written financial report thereof, in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant, available annually, to the City within 60 days following the end of its fiscal year. All forms submitted by an employee to the City, or by the Association on behalf of an employee, shall be retained by the City in the employee's personnel file. The Administrative Services DirectorDirector of Human Resources or designee shall provide the Association a list of all unit members with dues paying status with each Association Dues check remitted to the Association . This list and the Association Dues shall be submitted by the City to the Association within three weeks of each pay period . Rescission of Agreement The Agency Shop Agreement may be rescinded at any time during the period of time that the Association remains the exclusive bargaining agent for the unit employees by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty percent (30%) of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. INDEMNIFICAION The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this Agency Shop Agreement. The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the life of this Agreement all unit members who choose to become members of the Association shall be required to maintain their membership in the Association in good standing, subject however, to the right to resign from membership no sooner than April 15 or later than May 15 , of any year this Agreement remains in effect. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period on the Deduction Authorization/Change in Status form. The change in deductions from the employee 's payroll will be effective with the first full pay period beginning thirty (30) days or more after the Administrative Services DirectorDirector of Human Resources receives the employee's written notice. HBMT M U .I wtrv 1. 202 5 -December 31. 20247 61 661 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT G -AGENCY SHOP AGREEMENT The City and the Association agree that neither shall discriminate nor retaliate against any employee for the employee's participation or non-participation in any Association activity. Payroll Deduction The City will deduct from each paycheck of unit employees , and remit to the Association, the normal and regular Association Dues, in the timelines described as voluntarily authorized in writing by the employee, subject to the following conditions: 1. Such deductions shall be made only upon submission of a Deduction Authorization/Change in Status form to the Adm i nistrative Services DirectorDirector of Human Resources . Said form shall be duly completed and signed by the employee. If no form is completed by the employee, the employee shall be considered to have elected to opt-out. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the first full pay period commencing thirty (30) days or longer after such submission. Every effort will be made by the City to remit dues to the Association within three (3) weeks of receipt. The Association agrees to indemnify and hold harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. HR T Oil .l:rnu::1rv 1. 202 5 -Decem 1er 31. 2024 7 62 662 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXH IBIT H -CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave-sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change curren t policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic illness or injury -A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member -For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory time off, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and th e maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients . Compensatory tim e off accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave ; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. HBMT MOU Januarv 1. 20 225 -December 31, 20247 63 663 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H -CATASTROPHIC LEAVE DONATION PROGRAM 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period . Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. HBMT MOU January 1, 2022.§-December 31, 202Z4 64 664 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H -CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Do nation Program, hereby request donated vacation, general leave or compensatory time . MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Typ e: Last, First, Ml) r ork Phone: IDepartment: ~IJ-ob-T-itl_e_: ------------!Employee ID#: !Requester Signature : IDate: 'D_e_p_a_rt_m_e-nt_D_i-re-c-to_r_S_ig_n_a-tu_r_e_o_f _S_u_pp_o_rt_: _______ IDate: Human Resources Department-Use Only End donation date will bridge to: D Long Term Disability D Medical Retirement beginning D Length of FMLA leave ending D Return to work Human Resources Director Signature : ,----------- i I I End donation date : I I I Please submit this form to the Human Resources Office for processing HBMT MOU Janua ry 1 , 202.§2 -Dece mber 31 , 20241 65 665 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT H -CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, Ml) !Work Phone: l°onor Job Title : Type of Accrued Leave : Number of Hours I wish to donate: D Vacation Hours of Vacation D Compensatory Time Hours of Compensatory Time D General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, Ml): 'Donor Signature: Please submit to Payroll in the Finance Department. HBMT MOU Janu ary 1, 2022.§ -December 31, 2024I 66 666 HUNTINGTON BEACH MUNICIPAL TEAMSTERS EXHIBIT I -HEALTH AND OTHER INSURANCE BENEFITS TEAMSTERS MISCELLANEOUS SECURITY TRUST FUND • The Teamsters Miscellaneous Security Trust Fund contracts with the City of Huntington Beach to provide medical benefit plan options -coverage for HBMT employees shall begin the first of the month following employment. The City of Huntington Beach s hall remit one (1) payment of three (3) months of medical premiums for new enrollees. HBMT MOU January 1, 2022.§-December 31, 2024I 67 667 • City of Huntington Beach HBMT ‐ Tentative Agreement Proposed Term: 3 years Year 1 Year 2 Year 3 Year 4 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 * MOU  Item #Description Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of  Proposal * Ongoing Cost * Notes: 1 Term:  3 years (Jan 1, 2025 ‐ Dec 31, 2027) Salary Increases 642,471                1,304,409            1,343,934             733,987               4,024,800           4,146,782                 Jan 1, 2025 ‐ 3%, Jan 1, 2026 ‐ 3%, Jan 1, 2027 ‐ 3%.  Total increase =  9.37% (287,160)               (295,861)             (17,666)               (8,965)                (609,651)           (609,651)                 Remove Performance Bonus 504,634                519,925              31,045                15,754               1,071,359         978,468                  Add new top step and remove current step A 358,000               358,000            One time non‐reaccurring payment  Health Insurance ‐                         130,152              150,398              34,842               315,392             315,392                  Increased monthly medical contribution October 1 of each year, 2025 ‐ $75, 2026 ‐ $65, 4 Uniform Allowance (boots) 2,333                    ‐                       ‐                       ‐                      2,333                 2,333                        Boot Allowance increased by $50 per pair 5 Bereavement Leave 793                        9,527                  588                      297                     11,205               11,205                    up to two additional days of paid Bereavement Leave Total One‐Time costs 358,000                ‐                       ‐                      ‐                      358,000             ‐                           Total Recurring Costs 863,071                1,668,152           1,508,299          775,916              4,815,438         4,844,529                Total Cost of Proposal 1,221,071            1,668,152          1,508,299         775,916             5,173,438        4,844,529                * Ongoing cost includes impact of proposed contract increases on the City's UAL.  Additional liabilities are incurred during FY's 27/28 ‐ 30/31 due to a lag in PERS reporting. 2 3 and 2027 ‐ $55. 668 Introduction of Proposed Memorandum of Understanding with Huntington Beach Municipal Teamsters (HBMT) City Council Meeting May 20, 2025 669 Meyers-Milias Brown Act (MMBA) •Pursuant to the MMBA, the City has been meeting and conferring in good faith with HBMT since September 2024 •A Tentative Agreement was reached in April 2025 •The Tentative Agreement and proposed Memorandum of Understanding (MOU) is being presented to the City Council to formally review and consider 670 Proposed Memorandum of Understanding •3-year term; January 1, 2025 – December 31, 2027 •3% base salary adjustments January 1 of each year •Elimination of the Performance Bonus in exchange for an additional top step to the salary schedule for each classification 671 Proposed Memorandum of Understanding (continued) •One-time payment of $1,000 •Increases to City contribution to employees’ health insurance premiums and uniform allowance for safety shoes •Two additional days of Bereavement Leave 672 Fiscal Impact Projected Cost One-Time Cost:$358,000 Recurring Cost:$4,815,438 Projected Total:$5,173,438 673 Recommended Action Receive and consider the proposed Memorandum of Understanding with HBMT pursuant to City of Huntington Beach Ordinance No. 4154. 674 Questions? 675 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-416 MEETING DATE:5/20/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Marissa Sur, Director of Human Resources Subject: Introduction of Resolution No. 2025-41 Modifying Salary and Benefits for Non-Represented Employees Statement of Issue: The Non-Associated Resolution governs the compensation and benefits for non-represented employees. It is proposed to be modified to include adjustments similar to those being considered for the Management Employees’ Organization. Financial Impact: The total projected recurring cost is $440,486. Recommended Action: Receive and consider the proposed Resolution No. 2025-41 “A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Non-Associated Resolution governs the compensation and benefits for non-represented employees. It is proposed to be modified to include adjustments similar to those being considered for the Management Employees’ Organization. Exclusions to who would receive the salary adjustments include City Manager, Assistant City Manager, Police Chief, Fire Chief, and Elected Officials. Resolution No. 2024-04 provides for adjustments to the range for Assistant City Manager, Fire Chief and Police Chief. Resolution Nos. 2025-08, 2024-60, and 2023-10, set the pay for the elected officials. ·Term: Indefinite City of Huntington Beach Printed on 5/15/2025Page 1 of 2 powered by Legistar™ 676 File #:25-416 MEETING DATE:5/20/2025 ·Salary: 3% salary adjustments in 2025, 2026, and 2027 -Effective the pay period following City Council adoption -Effective the pay period including January 1, 2026 -Effective the pay period including January 1, 2027 ·Elimination of the Performance Bonus in exchange for an additional top step to the salary schedule for each appointed classification ·Annual increase to medical allowance as follows: o Effective January 1, 2025: increase by $75 per employee o Effective January 1, 2026: increase by $65 per employee o Effective January 1, 2027: increase by $55 per employee ·Two additional days of paid Bereavement Leave ·Vehicle Allowance increased to $247.69 bi-weekly A proposed Resolution 2025-41 with a redline of Resolution No. 2022-09, Exhibit A, are included as Attachments 1 and 2; costing information is included as Attachment 3. Following City Council review of the proposed Resolution No. 2025-41, a final version of the Resolution will be presented at the June 3, 2025 City Council meeting. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Proposed Resolution No. 2025-41 2. Redline of Exhibit A 3. Fiscal Impact Report 4. PowerPoint Presentation City of Huntington Beach Printed on 5/15/2025Page 2 of 2 powered by Legistar™ 677 678 RESOLUTION NO. 2025-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR NON-REPRESENTED EMPLOYEES WHEREAS, the City Council of the City of Huntington Beach desires to modify the salary and benefits for non-represented employees upon adoption of this Resolution. NOW, THEREFORE, the City Council of the City of Huntington Beach (foes hereby resolve the salary and benefits of non-represented employees are modified as follows: SECTION 1. Salaries and benefits for non-represented employees shall be as reflectec.l in Exhibit A , attached hereto and incorporated by this reference. SECTION 2. The Resolutions for the elected City Attorney, City Clerk, City Treasurer Resolutions 2025-08, 2024-60 , 2023-10) shall remain unchanged. Salaries for the elected non- represented positions are reflected in the Non-Associated Elected Executive Management Salary Schedule -Exhibit lB. SECTION 3. Any existing provisions in conflict with the foregoing, whether by minute action or resolution of the City Council, are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _____ , 2025. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: Travis Hopkins, City Manager Mike Vigliotta, City Attorney INITIATED AND APPROVED: Marissa Sur, Director of Human Resources 25-16488/378799 Non-Associated Employees Pay and Benefits Resolution No. 20222025-4109 March 19, 2022June 3, 2025 679 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i Exhibit A to Non-Associated Resolution No. 2022-092025-xx NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION - EXHIBIT A ........................................................................................................................................ 1 SECTION I – PAY ........................................................................................................... 1 A. APPOINTED SALARY SCHEDULE ................................................................................ 1 B. ELECTED SALARY SCHEDULE .................................................................................... 1 C. PERFORMANCE BONUS ............................................................................................ 21 D. DIRECT DEPOSIT ......................................................................................................... 2 E. ASSIGNED VEHICLE/AUTO ALLOWANCE ................................................................... 2 SECTION II – HOURS OF WORK/OVERTIME/TIME OFF ............................................ 2 A. EXECUTIVE LEAVE ....................................................................................................... 2 B. FLEXIBLE AND ALTERNATE WORK SCHEDULES ....................................................... 2 1. 5/40 Work Schedule ........................................................................................................... 2 2. 9/80 Work Schedule ........................................................................................................... 2 3. Alternative Work Schedule ................................................................................................. 2 SECTION III – HEALTH AND OTHER INSURANCE BENEFITS .................................. 3 A. HEALTH INSURANCE .................................................................................................... 3 1. Medical, Dental and Vision Insurance ...................................................................................... 3 2. City and Employee Paid Health Insurance ........................................................................ 3 3. Medical Cash-Out .............................................................................................................. 6 4. Section 125 Plan .............................................................................................................. 67 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE .................... 67 C. LONG-TERM DISABILITY INSURANCE ...................................................................... 67 D. CITY-PAID PHYSICAL EXAMINATIONS ........................................................................ 7 E. MISCELLANEOUS ....................................................................................................... 78 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR CITY MEDICAL RETIREE SUBSIDY PLAN ........................................................................................... 78 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ................................................. 89 SECTION IV – RETIREMENT ...................................................................................... 89 A. BENEFITS .................................................................................................................... 89 1. Self-Funded Supplemental Retirement Benefit ...................................................................... 89 2. Medical Insurance for Retirees ................................................................................................ 9 B. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING ............................................................................................................. 910 1. “Classic Member” Miscellaneous Retirement Benefits ......................................................... 910 2. “New Member” Miscellaneous Retirement Benefits ............................................................... 10 3. “Classic Member” Safety Member Retirement Benefits ....................................................... 1 01 4. “New Member” Safety Member Retirement Benefits ............................................................. 11 5. IRS Code 414(h)(2) .............................................................................................................. 112 680 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION ii Exhibit A to Non-Associated Resolution No. 2022-092025-xx 6. Pre-Retirement Optional Settlement 2 Death Benefit .......................................................... 112 7. Fourth Level of 1959 Survivor Benefits ................................................................................ 112 8. VEBA Plan Requirements ....................................................................................................... 12 SECTION V – LEAVE BENEFITS .............................................................................. 1 34 A. GENERAL LEAVE ...................................................................................................... 134 1. Accrual .................................................................................................................................. 1 34 2. Eligibility and Approval .......................................................................................................... 1 34 3. Leave Benefit Entitlements ................................................................................................... 1 34 4. Conversion to Cash ................................................................................................................ 14 B. HOLIDAYS AND PAY PROVISIONS ........................................................................... 145 C. BEREAVEMENT LEAVE ............................................................................................. 1 56 D. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ............................... 156 SECTION VI – RETIREE SUBSIDY MEDICAL PLAN ............................................... 1 56 SECTION VII – MISCELLANEOUS ............................................................................. 16 A. COLLECTION OF PAYROLL OVERPAYMENTS ........................................................ 167 B. UNIFORMS AND CALPERS REPORTING ................................................................. 167 EXHIBIT 1A – NON-ASSOCIATED APPOINTED SALARY SCHEDULE .................. 1 78 EXHIBIT 1B – NON-ASSOCIATED ELECTED SALARY SCHEDULE ....................... 19 EXHIBIT 2 – RETIREE MEDICAL PLAN .................................................................. 2019 EXHIBIT 3 – 9/80 WORK SCHEDULE ...................................................................... 2 54 EXHIBIT 4 – VOLUNTARY CATASTROPHIC LEAVE DONATION ........................... 2 76 681 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 1 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT A SECTION I – PAY A. Appointed Salary Schedule Employees shall be compensated at rates by classification title and salary range during the term of this Agreement as set forth in Exhibit 1 A attached hereto and incorporated herein unless expressly provided for in other Articles of this Exhibit. Effective March 19, 2022, the parties agree that the salary schedule in Exhibit 1A reflects the following modifications from the salary schedule in Resolution No. 2016- 50: 1. The salary schedule will include seven (7) steps from A-G; 2. The steps will be five percent (5%) steps; 3. The salary ranges will be one percent (1%) apart; 4. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position’s current top step (Step E) without being less; and then, b. Moving two ranges higher, thereby providing a wage increase of not less than two percent (2%) for all appointed non-represented employees. 5. Each employee will be placed on the step (A-F) of their classification’s assigned salary range that is nearest to their base salary step (A-E of the November 2, 2020 salary schedule) without being less. 1. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation.Effective the first full pay period following City Council adoption, appointed employees will receive a base salary increase of three percent (3%). 2. Effective the pay period including January 1, 2026, appointed employees will receive a base salary increase of three percent (3%). 3. Effective the pay period including January 1, 2027, appointed employees will receive a base salary increase of three percent (3%). 6.4. The following classifications are excluded from the base salary increases identified in this Section A, provided herein: City Manager, Assistant City Manager, Fire Chief, Police Chief, City Attorney, City Clerk, City Treasurer. 682--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2 Exhibit A to Non-Associated Resolution No. 20222025-09xx 7.5. The City Manager is authorized to set the salaries of the appointed executive management positions identified in Exhibit 1A at any rate at or below Step E of the designated salary range. The City Manager is authorized to increase the salary by 5% based upon performance at annual review and market data. However, no salary for a new employee may be set above Step E at any time without City Council approval. B. Elected Salary Schedule 1. All elected executive management positions shall receive the salaries as identified in Exhibit 1B. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 1B, at any rate within the designated salary range. C. Performance Bonus 1. Appointed employees who are at Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. 2. The annual performance bonus amount will be determined based upon the evaluation of the employee’s performance. A completed performance evaluation with specific recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus.Effective the first full pay period following City Council adoption of the Resolution, the existing performance bonus will be replaced with the addition of a new salary step at the top of the salary range. D. Direct Deposit All Non-Associated employees are required to utilize direct deposit of payroll checks. 683--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3 Exhibit A to Non-Associated Resolution No. 20222025-09xx E. Assigned Vehicle/Auto Allowance Appointed Department Heads, Contract Non-Department Heads, as well as the City Clerk, City Treasurer, and City Attorney shall receive an auto allowance in the amount of two hundred thirty dollars and seventy-seven cents ($230247.7769) per bi-weekly pay period plus reimbursement of out-of-town travel at the approved mileage rate. Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall have the option of an assigned City vehicle in lieu of an auto allowance. SECTION II – HOURS OF WORK/TIME OFF A. Executive Leave Non-Associated exempt employees shall not be eligible for overtime compensation. Exempt department heads and contract non-department heads shall be credited with eighty (80) hours of executive leave per calendar year. B. Flexible and Alternative Work Schedules 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days, Monday through Friday each week, with a one-hour lunch during each work shift, totaling a forty (40) hour work week. 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9) days for eighty (80) hours in a two-week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 3. Alternative Work Schedule Non-associated employees may elect any alternative work schedule approved by the City Manager or designee. 684 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 4 Exhibit A to Non-Associated Resolution No. 20222025-09xx SECTION III – HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance 1. Medical, Dental, and Vision Insurance The City shall continue to make group medical, dental, and vision benefits available to all Non-Associated employees. 2. City and Employee Paid Health Insurance The City and employee shall pay for health insurance premiums for employees and qualified dependent(s) effective the first of the month following the employee's hire date. The employee payroll deduction for premium contributions shall be deducted on a pre-tax basis. Such deductions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation. The employee’s payroll deduction amount shall begin no later than the beginning of the first full pay period following the effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. i. Maximum Employer Contributions – The City’s maximum monthly employer contributions for each employee’s health and other insurance premiums are set forth as follows: a. The City’s maximum monthly contribution to medical premiums for elected non-represented positions will continue at the current City contribution rate. Actual contributions for plan year 2022 based on premium costs are shown in the rate sheet included herein. b. Effective the beginning of the month following Council approvalpay period including January 1, 2025, the City’s maximum monthly contribution to medical premiums for appointed non-represented positions will increase as summarized in the tables below. c. Effective the pay period that includes January 1, 20232026, the City’s maximum monthly contribution to medical premiums will increase by $23.3365.00 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly premium cost. 685 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 5 Exhibit A to Non-Associated Resolution No. 20222025-09xx c.d. Effective the pay period that includes January 1, 2027, the City’s maximum monthly contribution to medical premiums will increase by $55.00 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly premium cost. e. The maximum City contribution shall be based on the employee's enrollment in each plan. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Maximum Monthly Contributions for Non -Associated Employees* Plan Tier 2024 Effective 1/1/2025 Effective 1/1/2026 Effective 1/1/2027 Kaiser Single 611.25 686.25 751.25 806.25 Two-Party 1,256.41 1,331.41 1,396.41 1,451.41 Family 1,461.87 1,536.87 1,601.87 1,656.87 Blue Shield Trio HMO Single 685.94 760.94 825.94 880.94 Two-Party 1,256.41 1,331.41 1,396.41 1,451.41 Family 1,461.87 1,536.87 1,601.87 1,656.87 Blue Shield HMO Single 745.69 820.69 885.69 940.69 Two-Party 1,256.41 1,331.41 1,396.41 1,451.41 Family 1,461.87 1,536.87 1,601.87 1,656.87 Blue Shield PPO Single 812.91 887.91 952.91 1,007.91 Two-Party 1,425.90 1,500.90 1,565.90 1,620.90 Family 1,613.36 1,688.36 1,753.36 1,808.36 Blue Shield HDHP Single 590.33 665.33 730.33 785.33 Two-Party 1,186.33 1,261.33 1,326.33 1,381.33 686--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 6 Exhibit A to Non-Associated Resolution No. 20222025-09xx Family 1,455.33 1,530.33 1,595.33 1,650.33 * Excludes Safety employees covered by this Resolution Plan Tier Current City Contribution // Maximum for Elected Positions* Maximum City Contributions for Appointed Positions Effective the Month Following City Council Approval Effective the Pay Period Including January 1, 2023 Kaiser Single 551.00 587.92 611.25 Two-Party 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 Blue Shield TRIO HMO Single 621.00 662.61 685.94 Two-Party 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 Blue Shield HMO Single 677.00 722.36 745.69 Two-Party 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 Blue Shield PPO Single 740.00 789.58 812.91 Two-Party 1,335.78 1,402.57 1,425.90 Family 1,514.31 1,590.03 1,613.36 Blue Shield HDHP Single 567.00 590.33 Two-Party 1,163.00 1,186.33 Family 1,432.00 1,455.33 *Applies to elected non-represented positions for an indefinite period. ii. “Safety Member” Health Premiums - Employer Contribution Employees who are classified as a “safety member” by the California Public Employees Retirement System (CalPERS) may have access to the medical plans offered by CalPERS as contracted by the City. In accordance with 687 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 7 Exhibit A to Non-Associated Resolution No. 20222025-09xx eligibility provisions, the Police Chief and the Fire Chief may elect to enroll in the CalPERS health insurance program offered by the City. The City’s Maximum monthly employer contribution for the CalPERS health insurance program will match the PORAC Region 2 premiums, but not to exceed the maximum amounts indicated in the chart below. The amounts listed therein include the mandated Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution. Maximum Monthly Contributions for Non-Associated “Safety Members” Plan Tier 2024 Effective 1/1/2025 Effective 1/1/2026 Effective 1/1/2027 Medical Single 849.19 924.19 989.19 1,044.19 Two-Party 1,727.48 1,802.48 1,867.48 1,922.48 Family 2,203.13 2,278.13 2,343.13 2,398.13 Non-Associated Safety Members Plan Tier Current City Contribution Effective the Month Following City Council Approval Effective the Pay Period Including January 1, 2023 Medical Single 774.00 825.86 849.19 Two-Party 1,623.00 1,704.15 1,727.48 Family 2,076.00 2,179.80 2,203.13 iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. iv. Future Premiums The City caps its contributions toward monthly group medical, dental and vision plan premiums by category (Single, Two-Party, and Family) as outlined in sections i and ii above. 688 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 8 Exhibit A to Non-Associated Resolution No. 20222025-09xx For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City’s monthly contributions to medical, dental, and vision insurance shall remain as specified for the 2022 and 20232027 Health Premiums and Contribution amounts, unless otherwise specified herein. The City’s contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. 3. Medical Cash-Out If an employee is covered by a group medical program plan outside of a City- provided program (evidence of which must be supplied to Human Resources), the employee may elect to discontinue City medical coverage and receive the monthly value of the City’s contribution to the Kaiser, Employee-only medical premium offered to this unit. Safety Members will receive the monthly value of the City’s contribution for the lowest-cost, employee only medical coverage as described in Article III.A.2.(ii). 4. Section 125 Plan Employees shall be eligible to participate in a City-approved Section 125 Flexible Spending Account Plan the same as all other eligible employees, as provided by IRS Law. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care, and/or medical expenses. B. Life and Accidental Death & Dismemberment Each Non-Associated employee shall be provided with fifty thousand dollars ($50,000) life insurance and fifty thousand dollars ($50,000) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at their own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City’s current providers. Evidence of insurability is contingent upon total participation in additional amounts. C. Long Term Disability Insurance This program provides benefits for each incident of illness or injury after a waiting period of thirty (30) calendar days during which the Non-Associated employee may use accumulated sick leave, general leave, or executive leave pay. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan 689 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 9 Exhibit A to Non-Associated Resolution No. 20222025-09xx paid for by the City providing sixty-six and two-third percent (66 2/3%) of the first twelve thousand five hundred dollars ($12,500) of the employee’s basic monthly earnings up to a maximum monthly benefit of $8,332.50. The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Workers’ Compensation, Social Security and other non- private program benefits to which the employee may be entitled. Disability is defined as: “The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation, for which they are fitted by reason of education, training, or experience.” Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor’s benefits continue the plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources Office. D. City-Paid Physical Examinations Non-Associated employees shall be provided, once every two years, with a City-paid physical examination comparable to the current pre-placement class physical examination or reimbursed the amount authorized for said physical examination. No more than one-half of the eligible employees shall receive examinations in any one fiscal year. Said exam shall be comprehensive in nature and shall include: 1. A complete medical history, physical exam and review of results by physician. 2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG. 3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool test for blood. E. Miscellaneous When an employee is on a leave of absence without pay for reason of medical disability, the City shall maintain the City-paid insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty- four (24) months. F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004 , and are granted a retirement allowance by the California Public Employees’ Retirement System and are 690 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 10 Exhibit A to Non-Associated Resolution No. 20222025-09xx not eligible for the City’s Retiree Subsidy Medical Plan may choose to participate in City-sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City-sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees’ Retirement System and are not eligible for the City’s Retiree Subsidy Medical Plan and choose not to participate in City-sponsored medical insurance upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City’s Retiree Subsidy Medical Plan chooses not to participate in City-sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City-sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). G. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004, and all future retirees who meet the criteria to participate in City-sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City-sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or qualified dependent must choose to participate in City-sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City-sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age sixty-five (65), who choose not to participate in City-sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. 691 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 11 Exhibit A to Non-Associated Resolution No. 20222025-09xx SECTION IV – RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees’ Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for their life alone as provided in California Government Code Sections 21455, 21456, 21457, and 21458 as said referenced Government Code Sections exist as of the date of this agreement. This payment shall be made only to the member (Non-Associated employee), shall be payable by the City during the life of the member, and upon that member’s death, the City’s obligation shall cease. Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27, 1997. 2. Medical Insurance for Retirees a. Upon retirement, whether service or disability connected, each Non-Associated employee shall be entitled to cause self, spouse, and dependents to participate fully in the City’s group health insurance program at the equivalent of the City’s group premium rate in accordance with the provisions specified by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at employee’s expense and upon terms, conditions, and restrictions currently in effect. b. As an alternative to the benefit described in the preceding paragraph, the City will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI. B. Public Employees’ Retirement System Contributions and Reporting 1. “Classic Member” Miscellaneous Members Retirement Benefits a. Retirement Formula – The City shall provide all miscellaneous employees described as classic members by the Public Employees’ Pension Reform Act of 2013 with that certain retirement program commonly known and described as the “2.5% at age 55 plan,” which is based on the retirement formula as set forth in the California Public Employees’ Retirement System (CalPERS) Section 21354 of the California Government Code. 692 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 12 Exhibit A to Non-Associated Resolution No. 20222025-09xx b. Classic Member Miscellaneous CalPERS Member Contribution – All miscellaneous bargaining unit classic members shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income. This provision shall not sunset. c. One-Year Final Compensation – The City shall contract with CalPERS to have retirement benefits calculated based upon the classic employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this resolution. 2. “New Member” Miscellaneous Members Retirement Benefits – For New Members within the meaning of the California Public Employees’ Pension Reform Act of 2013 as defined in California Government Code Section 7522.04(f). a. Retirement Formula- New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. b. Final Compensation – Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. c. New Member Miscellaneous CalPERS Member Contribution – Effective January 1, 2013, all new members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). 3. “Classic Member” Safety Members Retirement Benefits a. Retirement Formula – The City shall provide all safety employees described as “classic” members by the Public Employees’ Pension Reform Act of 2013- “PEPRA” with that certain requirement commonly known and described as the “3% @ at age 50 plan” which is based on the retirement formula set forth in the California Public Employees’ Retirement System (CalPERS), Section 21362.2 of the California Government Code. 693--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 13 Exhibit A to Non-Associated Resolution No. 20222025-09xx b. Classic Member Safety CalPERS Member Contribution – All safety employees described as “classic” members shall pay to CalPERS as part of the required member retirement contribution nine percent (9%) of pensionable income. This provision shall not sunset. c. One-Year Final Compensation – The City shall contract with CalPERS to have retirement benefits calculated based upon the “classic” employee’s highest one year’s compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this resolution. 4. “New Member” Safety Members Retirement Benefits – For New Members within the meaning of California Public Employees’ Pension Reform Act of 2013. a. Retirement Formula – New Members shall be governed by the two an seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) b. Final Compensation – Final Compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. c. New Member Miscellaneous CalPERS Member Contribution – All new members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost, as established by CalPERS. 5. IRS Code Section 414(h)(2) The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 6. Pre-Retirement Optional Settlement 2 Death Benefit Non-Associated employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 of the California Government Code when approved by the City Council. 694--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 14 Exhibit A to Non-Associated Resolution No. 20222025-09xx 7. Fourth Level of 1959 Survivor Benefits Non-Associated employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 21574 of the California Government Code. 8. VEBA Plan Requirements a. Eligibility Defined Effective December 23, 2009, all eligible non-associated employees with 25 years of continuous service to the City of Huntington Beach will participate in the Plan. An eligible employee is an employee who works twenty (20) or more hours per week and receives benefits. Eligibility criteria may be amended upon a majority vote of non-associated employees, as no cost is borne by the City. b. Leave Payout Plan Contribution Each eligible unrepresented management employee shall designate all leave payouts to be rolled over to their VEBA Plan account based on the established range upon separation from City employment. c. Participant Account A separate account is maintained for each contributing eligible non-associated employee, which documents the employee's contributions and disbursements. Contributions to a VEBA plan account as well as any disbursements to cover nonreimbursed, post-tax medical care expenses are both tax free. Eligible benefits subject to reimbursement by the Plan shall be limited to long-term care expenses and nonreimbursed medical premiums, co-pays, prescribed drug expenses and other medical costs as that term is defined by the Internal Revenue Code Section 213. d. Administrative Fees Any Plan administrative fees will be deducted from interest on the total Plan investments. An eligible non-associated employee’s Plan account is subject to a monthly administrative fee for expenses related to recordkeeping, claims processing, and claims reimbursement. The fee will first be deducted from interest on total plan investments, and then deducted, if necessary, from the employee’s individual account. 695 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 15 Exhibit A to Non-Associated Resolution No. 20222025-09xx e. Dispute Resolution This Resolution and any disputes arising under or in connection with this Resolution shall not be subject to any dispute resolution procedures in the City’s Personnel Rules, nor shall this Resolution and any such dispute relating thereto be subject to the jurisdiction of the City’s Personnel Commission for any reason whatsoever. f. Indemnification All non-associated employees agree to indemnify and hold the City of Huntington Beach harmless against any claims made of any nature and against any suit instituted against the City arising from this Resolution, including, but not limited to, claims arising from an employee’s participation in VEBA or from any salary reduction initiated by the City for VEBA contributions. SECTION V – LEAVE BENEFITS A. General Leave 1. Accrual General leave may be used for any purpose, including vacation, sick leave and personal leave. General leave for non-associated employees shall be accrued as follows: Years of Service Annual General Leave Allowance Bi-Weekly General Leave Allowance First through Fourth Year 176 Hours 6.77 Fifth through Ninth Year 200 Hours 7.69 Tenth through Fourteenth Year 224 Hours 8.62 Fifteenth Year and Thereafter 256 Hours 9.85 2. Eligibility and Approval General Leave must be pre-approved except for illness, injury, or family sickness, which may require a physician’s statement for approval. General Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take general leave in excess of actual time earned. Employees shall not accrue general leave in excess of six hundred forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. 696 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 16 Exhibit A to Non-Associated Resolution No. 20222025-09xx 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use applicable earned Sick Leave, General Leave, or Executive Leave for family or personal health issues. For more information on employee leave options contact the Human Resources Office. 4. Conversion to Cash a. Pay Off at Termination An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at their current salary rate for all unused, earned general leave to which they are entitled up to and including the effective date of their termination. b. Conversion to Cash Two times during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred sixty (160) general leave benefit hours per fiscal year. The employee shall give two (2) weeks’ advance notice to Payroll of their decision to exercise such option. c. Deferred Compensation Contribution at Time of Separation The value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the beginning of the pay period prior to the employee’s last day of employment. B. Holidays and Pay Provisions 1. Non-Associated employees shall receive the following legal holidays as of the first pay period following adoption of the Non-Associated Resolution paid in full per the employee’s regularly scheduled work shift: 697 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 17 Exhibit A to Non-Associated Resolution No. 20222025-09xx (1) New Year’s Day (January 1) (2) Martin Luther King Jr. Day (third Monday in January) (3) Presidents’ Day (third Monday in February) (4) Memorial Day (last Monday in May) (5) Independence Day (July 4) (6) Labor Day (first Monday in September) (7) Veterans Day (November 11) (8) Thanksgiving Day (fourth Thursday in November) (9) The Friday after Thanksgiving (10) Christmas Day (December 25) (11) Christmas Eve (December 24) (12) New Year’s Eve (December 31) (10) In addition, all appointed positions shall receive the following holidays: (11) Christmas Eve (December 24) (12) New Year’s Eve (December 31) 2. Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of Huntington Beach. 3. The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed, following guidelines below: a. City paid holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. b. In the event that two consecutive City paid holidays fall on a Friday and Saturday, the two holidays shall be observed the preceding Thursday and Friday. c. In the event that two consecutive City paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. C. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed twenty-fourfive (5) workdays (24) hours in each instance of death in their immediate family. Immediate family is defined as a parent, sibling, spouse, registered domestic partner, child, 698 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 18 Exhibit A to Non-Associated Resolution No. 20222025-09xx grandparent, grandchild, or wards of which the employee is the legal guardian, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.). D. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit 4. SECTION VI – RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City- sponsored medical insurance plans in accordance with the Retiree Subsidy Medical plan as outlined in Exhibit 2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit. SECTION VII – MISCELLANEOUS A. Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non- authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice (1/03/05). 699 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 19 Exhibit A to Non-Associated Resolution No. 20222025-09xx B. Uniforms and CalPERS Reporting The City provides uniforms to active duty employees in the classifications of Police Chief and Fire Chief. These employees are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. The City will report to the California Public Employees’ Retirement System (CalPERS) the average annual cost of uniforms as special compensation for each eligible employee in accordance with Title 2, California Code of Regulations, Section 571(a)(5). The average annual cost of uniforms reported to CalPERS shall be $1,250.08. 700 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 20 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT 1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective March 19, 2022June 7, 2025 Starting Point Control Point High Point Job No Description Pay Range A B C D E F G H DEPARTMENT HEADS 0518 Chief Financial Officer 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 116.87 0479 Chief Information Officer 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 116.87 0589 Community Development Director 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 116.87 0574 Director of Human Resources 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 116.87 0801 Director of Community & Library Services 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 116.87 0010 Director of Public Works 272 83.06 87.21 91.57 96.15 100.95 106.00 111.30 116.87 CONTRACT NON-DEPARTMENT HEADS 0593 Chief Assistant City Attorney 285 94.53 99.25 104.21 109.42 114.90 120.64 126.67 133.01 0778 Director of Homelessness & Behavioral Health Services 261 74.44 78.17 82.08 86.18 90.49 95.01 99.76 104.75 0845 Deputy Director of Public Works 261 74.44 78.17 82.08 86.18 90.49 95.01 99.76 104.75 0912 Deputy Public Works Director/ City Engineer 261 74.44 78.17 82.08 86.18 90.49 95.01 99.76 104.75 0900 Assistant Chief Financial Officer 252 68.07 71.47 75.04 78.80 82.74 86.87 91.22 95.778 0850 Deputy Director of Administrative Services 252 68.07 71.47 75.04 78.80 82.74 86.87 91.22 95.778 0855 Deputy Director of Community & Library Services 252 68.07 71.47 75.04 78.80 82.74 86.87 91.22 95.778 0840 Deputy Director of Community Development 252 68.07 71.47 75.04 78.80 82.74 86.87 91.22 95.778 0779 Deputy City Manager 252 68.07 71.47 75.04 78.80 82.74 86.87 91.22 95.778 0906 Deputy City Treasurer 252 68.07 71.47 75.04 78.80 82.74 86.87 91.22 95.778 0710 Senior Deputy Community Prosecutor 228 53.61 56.29 59.10 62.06 65.16 68.42 71.84 75.431 0699 Deputy Community Prosecutor 219 49.02 51.47 54.04 56.74 59.58 62.56 65.69 68.97 701 -- -- -- -- -- -- -- -- -- -- -- -- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 21 Exhibit A to Non-Associated Resolution No. 20222025-09xx Starting Point Control Point High Point Job No Description Pay Range A B C D E F G EXECUTIVE MANAGEMENT 0591 City Manager 294 103.38 108.55 113.98 119.68 125.66 131.94 138.54 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 DEPARTMENT HEADS 0592 Assistant City Manager 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0015 Fire Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0011 Police Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0800 Director of Administrative Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0801 Director of Community & Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 CONTRACT NON-DEPARTMENT HEADS 0593 Chief Assistant City Attorney 261 74.44 78.17 82.08 86.18 90.49 95.01 99.76 0860 Deputy Dir. of Homelessness & Behavioral Health Services 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0855 Deputy Director of Community & Library Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0840 Deputy Director of Community Development 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 *Per Resolution No. 2022-09 702 - - 1=1--I= 1=-1=1=1=1=1=1=1 ------- ------- ------- ---------- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 22 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT 1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective January 1, 2025* Starting Point Control Point High Point Job No Description Pay Range A B C D E F G EXECUTIVE MANAGEMENT 0591 City Manager NA0591 Per Contract 139.86 153.85 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 0925 Interim City Manager/Police Chief NA0591 Per Contract 153.85 DEPARTMENT HEADS 0592 Assistant City Manager 297 106.51 111.84 117.43 123.30 129.47 135.94 142.74 0015 Fire Chief 297 106.51 111.84 117.43 123.30 129.47 135.94 142.74 0011 Police Chief 297 106.51 111.84 117.43 123.30 129.47 135.94 142.74 *Per Resolution No. 2024-04 adopted January 16, 2024, the range for Assistant City Manager, Fire Chief, and Police Chief were amended. 703 - - --- --- - - - - - - -=-----_ -- - - -- - --- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 23 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT 1B NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Job No Description Pay Range Starting Point Control Point High Point ELECTED OFFICIALS Effective April 1, 2023* 0017 City Clerk NA0017 69.94 77.85 86.66 0018 City Treasurer- THREE- QUARTER TIME NA0018 69.94 77.85 86.66 ELECTED OFFICIALS- CITY ATTORNEY Effective July 1, 2024** 0016 City Attorney NA0016 100.18 127.40 148.53 *Per Resolution No. 2023-10 adopted on 3/21/23. **Per Resolution No. 2022-82 adopted on 12/20/22. EXHIBIT 1B NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective November 2, 2020* Job No Description Pay Grade Starting Point Control Point High Point ELECTED OFFICIALS 0016 City Attorney NA0016 100.18 111.51 124.10 0017 City Clerk NA0017 69.94 77.85 86.66 0018 City Treasurer (Part-Time) NA0018 69.94 77.85 86.66 *Per Resolution No. 2020-80 704 1-1 l=-1-==-I -I -l-==-1 -l=I I= I-l-1=1--1--1=1--1=1 1 -1-1-1-1 -I -1-1 -1-1 1=1 1-=-11 -11 -11 =1 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 24 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT 2 RETIREE MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. The employee has a minimum of ten (10) years of continuous full-time City service, or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees’ Retirement System. The City’s obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age sixty-five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City’s obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age sixty-five (65) under the City’s medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death or would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. D. Schedule of Benefits 1. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous full-time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with 705--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 25 Exhibit A to Non-Associated Resolution No. 20222025-09xx the City’s Personnel Rules. Employees hired on or after December 1, 2009 , shall not be eligible for this benefit. 2. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty-one dollars ($121). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payments shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 3. Marital Status – Married retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section 4 – Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City-sponsored medical plan. a. In the case where a retiree is married to a City employee (active or retired) who is not an unrepresented/non-associated employee or retiree, this provision shall remain applicable. b. This provision shall apply to State of California registered domestic partners the same as married spouses. 4. Maximum Monthly Subsidy Payments Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10) years of continuous full time service, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: 706 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 26 Exhibit A to Non-Associated Resolution No. 20222025-09xx Maximum Monthly Payment for Retirements After: Years of Service Subsidy 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 MISCELLANEOUS PROVISIONS A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Human Resources Office shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. B. Benefits: 1. Retiree Subsidy Medical Plan includes any medical plan offered by the City to active and/or retired unrepresented/non-associated employees and retirees. 707--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 27 Exhibit A to Non-Associated Resolution No. 20222025-09xx 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HMO. c. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other employee benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements. D. Medicare: 1. All persons are eligible for Medicare coverage at age sixty-five (65). Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credit quarters are still eligible for Medicare at age sixty-five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. 2. When a retiree and their spouse are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and their spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree’s Part A only. 708 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 28 Exhibit A to Non-Associated Resolution No. 20222025-09xx 3. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age sixty- five (65). If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree’s sixty-fifth (65th) birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: i. After thirty-six (36) months of COBRA continuation coverage, or ii. When the covered dependent reaches age sixty-five (65) in the event such dependent reaches age sixty-five (65) prior to the retiree reaching age sixty- five (65). c. At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered “eligible to make application”, whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under “Benefits”, “Subsidies”, and “Medicare” for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Non-Associated Resolution. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 709--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 29 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT 3 9/80 WORK SCHEDULE This work schedule is known as the “9/80”. The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty (40) Hour Work Week The actual work week is from Friday at mid-shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA workweek is 12:00 noon Friday. B. Two-Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the “A” schedule and the “B” schedule, based upon the departmental needs. For identification purposes, the “A” schedule shall be known as the schedule with a day off in the Friday in the middle of the pay period, or, “off on payday”, the “B” schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or “working on payday”. An example is listed below: 710--- NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 30 Exhibit A to Non-Associated Resolution No. 20222025-09xx AM PM AM PM AM PM F F S S M T W Th F F S S M T W Th F F A Schedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4 B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - - D. A/B Schedule Changes FLSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor or City Manager approval. E. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee’s leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave – As stated in the Non-Associated Resolution. 2. Sick Leave – As stated in the Non-Associated Resolution. 3. Executive Leave – As stated in the Non-Associated Resolution. 4. Bereavement Leave - As stated in the Non-Associated Resolution. 5. Holidays – As stated in the Non-Associated Resolution. 6. Jury Duty – The provisions of the Personnel Rules shall continue to apply; however, if an FLSA exempt employee is called to serve on a jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall 711 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 31 Exhibit A to Non-Associated Resolution No. 20222025-09xx be considered as the same as having occurred during the employees day off work, therefore, the employee will receive no additional compensation. 712 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 32 Exhibit A to Non-Associated Resolution No. 20222025-09xx EXHIBIT 4 VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave- sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury – A Serious debilitating illness or injury, which incapacitates the employee or an employee’s family member. Family Member – For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who:  Accrues vacation or general leave;  Is not receiving disability benefits or Workers’ Compensation payments; and 713 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 33 Exhibit A to Non-Associated Resolution No. 20222025-09xx  Requests donated leave.  5. Transfer of Leave The maximum donation credited to a recipient’s leave account shall be the amount necessary to ensure continuation of the employee’s regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Offices with questions regarding employee participation in this program. 714 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 34 Exhibit A to Non-Associated Resolution No. 20222025-09xx Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT:  A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and  I am not receiving disability benefits or Workers’ Compensation payments. Name: (Please Print or Type: Last, First, MI) Work Phone: Department: Job Title: Employee ID#: Requester Signature: Date: Department Director Signature: Date: Human Resources Department Use Only End donation date will bridge to: Long Term Disability Medical Retirement beginning Length of FMLA leave ending Return to work End donation date: Human Resources Director Signature: Date signed: 715 I I - □ □ □ □ NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 35 Exhibit A to Non-Associated Resolution No. 20222025-09xx Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: Type of Accrued Leave: ☐ Vacation ☐ Compensatory Time ☐ General Leave ☐ Administrative Leave Number of Hours I wish to donate: ________ Hours of Vacation ________ Hours of Compensatory Time ________ Hours of General Leave ________ Hours of Administrative Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, Compensatory Time, Administrative or General Leave hours to the Catastrophic Leave Donation Program for: Eligible recipient employee’s name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. 716 City of Huntington Beach Non‐Associated ‐ Tentative Agreement  Proposed Term: 3 years Year 1 Year 2 Year 3 Year 4 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 * MOU  Item #Description Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Estimated YOY Impact Total Cost of  Proposal * Ongoing Cost * Notes: 1 Term: 3 years (Jan 1, 2025 - Dec 31, 2027) Salary Increases 8,705 109,548 117,720 60,400 296,373               302,377               upon approval - 3%, Jan 1, 2026 - 3%, Jan 1, 2027 - 3%. Total increase = 9.37% (4,443) (30,804) (20,637) (16,490) (72,373)                (72,373)               Remove Performance Bonus 7,405 100,844 42,618 8,416 159,283               159,283              Additional top step Health Insurance 8,076 13,800 10,944 5,220 38,040                 45,496                 Bereavement 1,566 1,613 97 51 3,327                   3,327                   Auto Allowance 7,919 7,919 15,837                 15,837                 Recurring Costs 29,227                  202,920               150,742                57,597                  440,486               453,947               Total Cost of Proposal 29,227                  202,920               150,742                57,597                  440,486               453,947               * Includes impact of proposed contract increases on the City's UAL. Additional liabilities are incurred during FY's 27/28 - 30/31 due to a lag in PERS reporting. 4 Increase medical contibution Jan 1 of each year, 2025 - $75, 2026 -$65, 2027 - $55 5 up to two additional days paid Berevement Leave 6 Increase by $16.92. per pay period ($439.92/year) 2 717 Introduction of Resolution No. 2025-41 Modifying Salary and Benefits of Non-Represented Employees City Council Meeting May 20, 2025 718 -=-= ---------------= ------ ~ -~ Overview •Compensation and benefits of non-represented executive management employees is governed by resolution •A resolution was last adopted in March 2022 •Historically the Non-Associated employee group has received comparable salary and benefit adjustments to MEO 719 Proposed Resolution •Indefinite term •3% base salary adjustments in 2025, 2026, and 2027 •Elimination of the Performance Bonus in exchange for an additional top step to the salary schedule for each classification *Exclusions: Elected Officials, City Manager, Assistant City Manager, Fire Chief and Police Chief 720 Proposed Resolution •Increases to City contribution to employee health insurance premiums and vehicle allowance •Two additional days of Bereavement Leave •Total cost of proposed Resolution: $440,486 721 Recommended Action Receive and consider the proposed Resolution No. 2025-41 Modifying Salary and Benefits for Non-Represented Employees 722 Questions? 723 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-412 MEETING DATE:5/20/2025 Subject: Item Submitted by Councilman Chad Williams, Mayor Pat Burns, and Councilman Don Kennedy - Ocean View School District Board Recommended Action: Direct the City Attorney’s Office to review the actions taken by the Ocean View School District Board as they relate to Measures A and B and, if warranted, work with the Mayor to file a complaint with the appropriate agency. Attachment(s): 1. Councilman Williams, Mayor Burns, and Councilman Kennedy Memo City of Huntington Beach Printed on 5/15/2025Page 1 of 1 powered by Legistar™ 724 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov City Council Meeting – Council Member Items Report To: City Council From: Chad Williams, Councilman Pat Burns, Mayor Don Kennedy, Councilman Date: May 20, 2025 Subject: Suspected Misuse of Public Resources by Ocean View School District Board ISSUE STATEMENT At a recent public meeting, the Ocean View School District (OVSD) Board voted unanimously (5- 0) to adopt a Resolution endorsing a “Yes” vote on Huntington Beach Measures A and B. Following this action, OVSD Board President Patricia Singer directed Dr. Hoefer to disseminate the Resolution to all OVSD parents by sharing the document with them. Such conduct raises serious legal concerns regarding the potential misuse of public resources for campaign purposes in violation of the Political Reform Act and/or Education Code 7054. Dissemination of advocacy communications using taxpayer-funded platforms may constitute unlawful electioneering. This matter potentially undermines the integrity of our electoral process and misuses public funds and trust. We believe it is in the public interest for the City Attorney to formally review and, if appropriate, work with the Mayor to file a complaint with the appropriate agency RECOMMENDED ACTION Direct the City Attorney’s Office to review the actions taken by the Ocean View School District Board as they relate to Measures A and B and, if warranted, work with the Mayor to file a complaint with the appropriate agency. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Non Applicable - Administrative Item 725 CITY OF . HUNTINGTON BEACH